West Virginia Non-Compete Agreement Lawyer

West Virginia Non-Compete Agreement Attorney

In the business world, non-compete agreements exist so companies can maintain competitiveness when employees leave for other opportunities. These agreements prevent former employees from working for competitors for a specific period of time. It’s vital for business owners and employees to understand what these agreements entail. A West Virginia non-compete agreement lawyer can provide valuable insights when it comes to any issues you face with such a contract.

Experienced Legal Counsel for Non-Compete Agreements

The team at Meadows Law PLLC can help you make clearer sense of non-compete agreements. Whether you are drafting a non-compete agreement for an employee or you are an employee with questions about the legality and enforceability of a non-compete agreement you have signed or have been asked to sign, we can assist you. Our firm has extensive experience with many aspects of business law, including non-compete agreement drafting.

We can help you draft a legally enforceable non-compete agreement that complies with state law. If you have questions about any aspect of a standing contract, we excel at contract drafting and review. If you have become involved in a serious dispute regarding a non-compete agreement in West Virginia, Trust our firm to represent you in negotiations or, if necessary, in active litigation.

What Does a Non-Compete Agreement Include?

The main purpose of a non-compete agreement is for an employer to prevent an employee from leaving their company to immediately work for a direct competitor in their market. As most employment in the United States functions on an at-will basis, it means that an employee generally has the right to leave their job for any reason at any time. A non-compete agreement will prevent them from leveraging their talents for a direct competitor of their former employer.

In the state, non-compete agreements must be properly drafted, and there are specific restrictions concerning what they are allowed to include:

• West Virginia law requires that a non-compete agreement be reasonable when it comes to the time limit imposed on the employee. The contract should strike a fair balance between the employer maintaining competitiveness after losing the employee and the employee being able to advance their career with new opportunities.
• State law also requires that the non-compete agreement includes clear geographical boundaries. Most companies operate within targeted geographic markets, and a non-compete agreement may stipulate that the employee cannot work for a competitor within their former employee’s targeted geographic territory or within their state. The agreement likely could not, for example, prohibit working for competitors nationwide.
• The non-compete agreement must be very clear in terms of the activities it restricts the former employee from doing for a competitor. For example, it may prevent the employee from moving to an identical position with a competitor, but it may not prevent them from working for a competitor in an entirely different capacity from what they did for their former employer.
• A non-compete agreement may be very specific in naming the companies the employer deems as competitors. Different types of companies face different levels of competitiveness, and any such terms and conditions should be as clear as possible.

These are just a few examples of the limitations of non-compete agreements in the state. The team at Meadows Law PLLC can help you ensure that a non-compete agreement complies with state law and includes fair and reasonable terms for all signing parties. We can also provide legal counsel when a breach of a non-compete agreement is alleged, review standing contracts to determine enforceability, and much more.

Resolving Non-Compete Agreement Disputes

In addition to including very specific and clear terms concerning restricted activities, geographical boundaries, and duration, a non-compete agreement should also include terms pertaining to alleged breaches. For example, the contract may state that the former employer would be entitled to claim damages if the employee violates the terms of the contract and goes to work for a direct competitor.

Resolving breach of contract disputes can be challenging. If any aspect of the contract is ambiguously worded, it can easily lead to complex disputes that can be very difficult to resolve. One of the most effective ways to resolve such disputes is to prevent them from happening in the first place with proper contract drafting. However, it is not always accomplished, and legal representation can be invaluable for resolving a non-compete agreement dispute if it arises.

Meadows Law PLLC has the experience necessary to draft a proper non-compete agreement that complies with the state’s business laws. We also have the experience needed to resolve complex breach of contract disputes. Our firm takes a client-focused approach to business law counsel, learning as much as possible about our clients to ensure we address their specific needs in their cases.

Understand Your Options With Non-Compete Agreements

If you are applying for a job with a new employer and they require you to sign a non-compete agreement as a condition of beginning employment, it is important to understand not only what this contract might entail but also what you can do if you believe the contract is legally unenforceable or unfair. Note that refusing to sign a non-compete agreement may terminate your chances of employment with the company requiring the contract.

The validity of a non-compete agreement is also likely to hinge on what type of work you do for a company. For example, if you work in sales and cultivate strong relationships with valuable clients, your employer will have a clear interest in preventing you from taking those customers with you if you decide to work for a competitor. Non-compete agreements cannot, however, be so overly broad as to prevent you from earning a living in your career field.

Ultimately, non-compete agreements can raise very difficult questions and complex disputes. The team at Meadows Law PLLC can provide comprehensive legal counsel for all aspects of these contracts and help you draft a proper contract or resolve a dispute when it arises. Contact us today to schedule a free consultation with an experienced West Virginia non-compete agreement lawyer and learn more about the legal services we provide.