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Terms of Employment: West Virginia

Terms of Employment requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Author: Eric E. Kinder, Spilman Thomas & Battle, PLLC


  • West Virginia has a state counterpart to Title VII, which prohibits discrimination against prospective or current employees because of certain characteristics. See West Virginia Human Rights Act.
  • An employer may not condition an employment offer or otherwise discriminate against an employee because of tobacco use off the employer's premises during non-working hours. See Tobacco Use.
  • In West Virginia, employment relationships are considered to be at-will unless otherwise specified in a contract or employee manual. See At-Will Employment.
  • Restrictive covenants must be reasonable and limited in time and scope. See Restrictive Covenants.
  • Non-piracy provisions in employment contracts are distinct from and more easily enforceable than covenants not to compete. See Non-Piracy Provisions.