West Virginia non-compete law

Pay figure in the law

None found in the statutes we read

Separate rules for professions

physicians

Statutes and official texts quoted

W. Va. Code § 47-11E-2(a); W. Va. Code § 47-11E-2(b); W. Va. Code § 47-11E-3; W. Va. Code § 47-11E-4; W. Va. Code § 47-11E-5; W. Va. Code § 47-11E-3(1); W. Va. Code § 47-11E-3(2); W. Va. Code § 47-11E-3(5)-(6)

Health care and other professions

West Virginia limits a physician's covenant not to compete to no more than one year and 30 road miles from the physician's primary place of practice with the employer.

“A covenant not to compete contained in a contract between a physician and an employer shall be limited to not more than: (1) One year in duration; and (2) Thirty road miles from the physician’s primary place of practice with the employer.”
W. Va. Code § 47-11E-2(a)

A physician's covenant not to compete is void and unenforceable when the employer terminates the physician's employment.

“A covenant not to compete shall be void and unenforceable upon the termination of the physician’s employment by the employer.”
W. Va. Code § 47-11E-2(b)

Unless the contract says otherwise, West Virginia's physician limits do not affect clauses barring a physician from taking the employer's property, patient lists or records on leaving.

“Provided that the contract does not state otherwise, nothing in this article limits the enforceability of: (1) Provisions prohibiting a physician from taking any property, patient lists or records of the employer with him or her upon the termination or expiration of the contract;”
W. Va. Code § 47-11E-3(1)

Nor do they affect clauses requiring a physician to repay all or part of a loan, relocation expenses, a signing bonus, payments to set up practice in an area, or recruiting, education and training expenses.

“(2) Provisions requiring a physician to repay an employer all or a portion of: (A) A loan; (B) Relocation expenses; (C) A signing bonus; (D) Remuneration to induce the physician to relocate or establish a physician practice in a specific geographic area; or (E) Recruiting, education and training expenses;”
W. Va. Code § 47-11E-3(2)

Liquidated-damages provisions, and any other lawful contract provision, also remain enforceable.

“(5) A provision for liquidated damages; or (6) Any other provision of a contract that is not in violation of law.”
W. Va. Code § 47-11E-3(5)-(6)

The article does not otherwise apply to or override any contract in effect on or before June 30, 2017.

“Provided, That the provisions of this article do not otherwise apply to or abrogate any contract in effect on or before June 30, 2017.”
W. Va. Code § 47-11E-5

Exceptions

Unless the contract says otherwise, the article does not limit provisions on taking employer property or records, repayment of loans, relocation, signing bonuses and training costs, trade secret nondisclosure, patient and employee nonsolicitation, or liquidated damages.

“(3) A nondisclosure provision relating to confidential information and trade secrets; (4) A nonsolicitation provision with respect to patients and employees of the employer;”
W. Va. Code § 47-11E-3

Unless the contract provides otherwise, the physician limits do not apply where the physician sold the practice to the employer, or to contracts between physician owners, partners, members or directors of a practice.

“In the case where the physician has sold his or her business or practice in the form of a sale of assets, stock, membership interests or otherwise to his or her employer; or (2) To contracts between physicians who are shareholders, owners, partners, members or directors of a health care practice.”
W. Va. Code § 47-11E-4

When the rules took effect

The physician covenant article applies to physician-employer contracts entered into, modified, renewed or extended on or after July 1, 2017.

“This article applies to any contract between a physician and his or her employer entered into, modified, renewed or extended on or after July 1, 2017”
W. Va. Code § 47-11E-5

Federal rules

On September 5, 2025, the FTC moved to dismiss its appeals in Ryan, LLC v. FTC and Properties of the Villages v. FTC and to accede to vacatur of the Non-Compete Clause Rule. FTC press release, Sept. 5, 2025

The FTC's final rule removes the Non-Compete Rule (16 CFR part 910) from the Code of Federal Regulations. 91 Fed. Reg. (Feb. 12, 2026), FR Doc. 2026-02866

Before you sign, or before you assume you are bound

1. Find every restrictive clause: non-compete, non-solicitation, no-hire and confidentiality are separate promises with separate rules.
2. Note how long each lasts and what area or customers it covers.
3. Check which state’s law the agreement picks and where disputes must be heard.
4. Compare your pay and your job with the West Virginia rules above.

Check your state with the non-compete checker.

Common questions

Are non-competes enforceable in West Virginia?

West Virginia limits a physician's covenant not to compete to no more than one year and 30 road miles from the physician's primary place of practice with the employer. (W. Va. Code § 47-11E-2(a)).

Does West Virginia have special non-compete rules for health care workers or other professions?

West Virginia limits a physician's covenant not to compete to no more than one year and 30 road miles from the physician's primary place of practice with the employer. (W. Va. Code § 47-11E-2(a)).