Non-Compete Agreement in West Virginia — Free PDF & Word (2026 Updated)
Restrict employee from competing after leaving
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NON-COMPETE AGREEMENT State of West Virginia This Non-Compete Agreement is entered into on [DATE] between: EMPLOYER: Company: [COMPANY NAME] Address: [ADDRESS], WV [ZIP] EMPLOYEE: Name: [EMPLOYEE NAME] Address: [ADDRESS], WV [ZIP] 1. NON-COMPETE COVENANT Employee agrees not to engage in any business that competes with Employer within: Geographic Area: [RADIUS/AREA] Duration: [MONTHS/YEARS] after termination of employment 2. NON-SOLICITATION Employee agrees not to solicit Employer's clients, customers, or employees for [DURATION] after termination. 3. CONSIDERATION In exchange for this agreement, Employee receives: [ ] Employment [ ] Promotion [ ] $[AMOUNT] [ ] Other: [DESCRIBE] 4. EXCEPTIONS This agreement does not apply to: [LIST ANY EXCEPTIONS] 5. REMEDIES Employer may seek injunctive relief and damages for breach. Employee agrees to pay Employer's attorney fees if found in breach. 6. SEVERABILITY If any provision is found unenforceable under West Virginia law, the remaining provisions remain in effect. This agreement is governed by West Virginia law (WV Statutes). Note: Non-compete enforceability varies by state. EMPLOYER: _____________________ DATE: _____ EMPLOYEE: _____________________ DATE: _____
Sarah Mitchell, J.D.
Legal Document Specialist
Licensed Attorney, 15+ years experience
Specializes in contract law and legal document preparation
This Non-Compete Agreement template for West Virginia has been reviewed for accuracy and legal compliance.
Last reviewed: March 2026
Non-Compete Agreement Costs in West Virginia
Estimated fees and processing times
| Fee Type | Cost | Notes |
|---|---|---|
| Notary Fee | $5-$15 (if required) | West Virginia standard rate: $5 |
| Filing Fee | Varies by state | State registration (if applicable) |
| Processing Time | 1-3 business days | Typical turnaround in West Virginia |
| Sales Tax | 6% | West Virginia base rate (local taxes may apply) |
| Witness Requirement | 2 witnesses | West Virginia requires multiple witnesses |
| Our Template | FREE | Download instantly, no cost |
Where to File Your Non-Compete Agreement in West Virginia
Visit your local County Clerk office to file or notarize your Non-Compete Agreement.
West Virginia County Clerk
West Virginia Capital
Main Government Building, West Virginia
District County Clerk
West Virginia Metro Area
County Courthouse, WV
West Virginia Non-Compete Agreement Legal Guide
Under West Virginia jurisdiction, this form meets all statutory requirements and provides comprehensive legal protection for your transaction.
Under West Virginia State Code, residents of West Virginia must ensure this Non-Compete Agreement complies with all state requirements. The current sales tax rate is 6%, and notarization costs between $5. Two witnesses are mandatory in WV.
Using this template ensures you're protected under West Virginia law while saving time and money on legal fees.
Smart Practices for WV Compliance
West Virginia has specific rules that differ from neighboring states. Always verify your document against current WV statutes, especially if you're using a template from a previous year. Laws change, and what was valid last year in West Virginia may need updating for 2026.
How West Virginia Courts View This Document
West Virginia courts apply WV statutory standards when evaluating a Non-Compete Agreement. Judges look for: clear language, proper identification of parties, lawful purpose, and correct execution formalities. Meeting these standards ensures your document will be upheld if ever challenged.
Step-by-Step Process
1. **Download the template** — Our West Virginia-specific form includes all fields required by WV law.
2. **Enter your information** — Fill in names, addresses, dates, and transaction details accurately.
3. **Review carefully** — Double-check all entries against your source documents.
4. **Sign and witness** — Execute the document according to West Virginia's signature requirements.
5. **Notarize if needed** — Some West Virginia transactions require notarization.
6. **File or distribute** — Provide copies to all parties and file with the appropriate West Virginia office if required.
What West Virginia Law Requires
West Virginia's statutes are clear: a valid Non-Compete Agreement must identify all parties by full legal name, include the date of execution, and be signed in the presence of a notary public where applicable. Failure to meet these requirements under WV law can render the document unenforceable.
West Virginia courts apply WV statutory standards when evaluating a Non-Compete Agreement. Judges look for: clear language, proper identification of parties, lawful purpose, and correct execution formalities. Meeting these standards ensures your document will be upheld if ever challenged.
Step-by-Step Process
1. **Download the template** — Our West Virginia-specific form includes all fields required by WV law.
2. **Enter your information** — Fill in names, addresses, dates, and transaction details accurately.
3. **Review carefully** — Double-check all entries against your source documents.
4. **Sign and witness** — Execute the document according to West Virginia's signature requirements.
5. **Notarize if needed** — Some West Virginia transactions require notarization.
6. **File or distribute** — Provide copies to all parties and file with the appropriate West Virginia office if required.
What West Virginia Law Requires
West Virginia's statutes are clear: a valid Non-Compete Agreement must identify all parties by full legal name, include the date of execution, and be signed in the presence of a notary public where applicable. Failure to meet these requirements under WV law can render the document unenforceable.
West Virginia's statutes are clear: a valid Non-Compete Agreement must identify all parties by full legal name, include the date of execution, and be signed in the presence of a notary public where applicable. Failure to meet these requirements under WV law can render the document unenforceable.
FAQ: Non-Compete Agreement in West Virginia
Is a Non-Compete Agreement required in West Virginia?
Yes, in West Virginia, a Non-Compete Agreement is required for most transactions of this type. Under West Virginia State Code, the document must include all parties' information, be signed, and witnessed by 2 individuals. Failure to use a proper Non-Compete Agreement may result in legal complications.
Does a Non-Compete Agreement need to be notarized in West Virginia?
Notarization requirements in West Virginia (WV) vary by transaction type. Notary fees in the state typically range from $5. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.
What are the tax implications of a Non-Compete Agreement in West Virginia?
West Virginia has a base sales tax rate of 6%. Depending on the type of transaction documented in your Non-Compete Agreement, additional local taxes may apply. Consult with a West Virginia tax professional for specific guidance on your situation.
West Virginia Non-Compete Agreement Requirements
Review the following requirements to ensure your Non-Compete Agreement is legally valid in West Virginia.
West Virginia Notarization
West Virginia requires 2 witnesses and notarization may be mandatory. Fees typically range from $5.
Before You Sign
Review all information carefully. In West Virginia, a 6% sales tax may apply.
Legal Protection
Keep copies of all signed documents. West Virginia law requires all parties to receive copies of executed documents.
West Virginia Filing Deadlines
Check West Virginia deadlines for filing or recording this document with the appropriate county clerk's office.
Other Forms in West Virginia
Non-Compete Agreement in Neighboring States
Document Information
- Document
- Non-Compete Agreement
- State
- West Virginia (WV)
- Category
- Employment
- Format
- PDF / Word / Print
- Cost
- 100% Free
- Sales Tax
- 6%
- Notary Fee
- $5
West Virginia Legal Requirements
Governing Statute:
State Law
- ✓Consult with a licensed attorney for specific requirements
Legal Disclaimer
This template is for informational purposes only and does not constitute legal advice. Laws in West Virginia may change. Consult a licensed attorney for advice specific to your situation.