Allowed if reasonable
Non-compete law in West Virginia
This review found no general West Virginia noncompete statute; for most workers enforceability is judge-made reasonableness law. The Physicians Freedom of Practice Act (W. Va. Code art. 47-11E) caps a physician's covenant at one year and thirty road miles from the primary place of practice and voids it if the employer terminates the physician, with exemptions for a physician who sold a practice or who is an owner/partner/member/director of a health care practice. It applies to contracts entered, modified, renewed or extended on or after July 1, 2017.
Last verified · confidence medium. Clauseworthy is not a law firm and does not give legal advice.
- Employee non-competes
- Not banned; conditions apply
- Pay floor
- None in the statute
- Duration
- No general statutory cap. Physicians: not more than one year (§ 47-11E-2(a)(1)).
Exceptions and special rules
- Physician statute does not apply, unless the contract provides otherwise, where the physician sold his or her business or practice (assets, stock, membership interests or otherwise) to the employer, or to contracts among physicians who are shareholders, owners, partners, members or directors of a health care practice (§ 47-11E-4)
- Unless the contract says otherwise, the physician statute does not limit: bans on taking employer property, patient lists or records; repayment of loans, relocation, signing bonuses, inducement pay and recruiting/education/training costs; nondisclosure of confidential information and trade secrets; non-solicitation of the employer's patients and employees; liquidated damages (§ 47-11E-3)
- Physician (allopathic or osteopathic doctor fully licensed under W. Va. Code ch. 30, art. 3 or 14). A covenant not to compete in a contract between a physician and an employer is limited to not more than one year and thirty road miles from the physician's primary place of practice with the employer, and is void and unenforceable upon termination of the physician's employment by the employer. 'Covenant not to compete' means a contract restricting the right to practice medicine in any geographic area of the state for any period after the contract expires or the employer terminates it. Applies to contracts entered into, modified, renewed or extended on or after 2017-07-01; contracts in effect on or before 2017-06-30 are not affected. (W. Va. Code §§ 47-11E-1, -2, -5)
Non-solicitation clauses
No general statute. For physicians, non-solicitation of the employer's patients and employees is expressly left enforceable unless the contract states otherwise (§ 47-11E-3(4)).
Contracts naming another state's law
No statutory choice-of-law or forum rule found in art. 47-11E.
Remedies
Art. 47-11E states no damages or fee remedy; the consequence is that an over-limit physician covenant is void and unenforceable as to the restriction.
Which agreements it covers
Physician statute: contracts entered into, modified, renewed or extended on or after 2017-07-01 (§ 47-11E-5). >= 2017-07-01 (physician statute)
Recent changes
- 2017-07-01. Physicians Freedom of Practice Act (art. 47-11E) in its current form took effect (2017 SB 402; earlier version 1985 HB 1575); official code pages list no later bill as of the 2026-10-02 archive copy. Source
Primary sources
- W. Va. Code § 47-11E-1 Read from an Internet Archive copy of the official page, snapshot 2026-10-02: the official site did not answer when this row was verified.
- W. Va. Code § 47-11E-2 Read from an Internet Archive copy of the official page, snapshot 2026-10-02: the official site did not answer when this row was verified.
- W. Va. Code § 47-11E-3 Read from an Internet Archive copy of the official page, snapshot 2026-10-02: the official site did not answer when this row was verified.
- W. Va. Code § 47-11E-4 Read from an Internet Archive copy of the official page, snapshot 2026-10-02: the official site did not answer when this row was verified.
- W. Va. Code § 47-11E-5 Read from an Internet Archive copy of the official page, snapshot 2026-10-02: the official site did not answer when this row was verified.
- W. Va. Code art. 47-11E (Physicians Freedom of Practice Act), article index Read from an Internet Archive copy of the official page, snapshot 2025-10-18: the official site did not answer when this row was verified.
- W. Va. Code § 47-18-3 (antitrust act, contracts in restraint of trade) Read from an Internet Archive copy of the official page, snapshot 2025-10-07: the official site did not answer when this row was verified.