Non-Compete Clause · West Virginia

Is a non-compete clause enforceable in West Virginia in 2026?

Primary-source-cited holdings from actual court opinions — quoted verbatim and linked to the source. Informational signal only, not legal advice.

Short answerWest Virginia is mixed on non-compete clauses — outcomes are split across the 2 rulings we track, so the exact wording is decisive.

Based on 2 verified holding(s) from court opinions and regulatory actions, here's the breakdown for non-compete clauses in West Virginia:

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Full rulings

Struck / unenforceableconfidence: medium

“The district court determined that section 8.a. of the employment contract was facially unreasonable under West Virginia law and thus not enforceable”

Covenant language at issue“directly or indirectly, engag[ing] in any fund-raising or telemarketing business within a thirty (30)-mile radius”

CourtListener #2979899

Enforcedconfidence: medium

“Accordingly, the January 26, 2004, order of the Circuit Court of Mercer County is affirmed.”

Covenant language at issue“For a period of two years after Employee’s employment relationship with Employer has terminated for any reason, regardless of whether the termination was initiated by Employer or by Employee, Employee shall not, on Employee’s own behalf or on behalf of any other person, firm, corporation, associatio…”

View the source opinion ↗ 618 S.E.2d 415

Disclaimer: This is an automated, informational early-warning signal derived from primary sources. It is NOT legal advice and creates no attorney-client relationship. Enforceability is fact- and jurisdiction-specific and changes over time; consult a licensed attorney before acting.
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