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Updated June 28, 2022

A West Virginia employment contract agreement  establishes employment conditions to be implemented on an individual rendering services for payment. The contract consists of a job description which includes the employee’s wage, the period of employment (specified duration or indefinite), responsibilities, rights, and employee benefits, amongst other things. Defining an employer’s terms through a contract agreement provides proof of the employee’s compliance with the predetermined conditions. If necessary, an employer may reference the contract to defend themselves against an employee in court should a dispute ever arise.

Laws Chapter 21 (Labor)

By Type (4)

Employee Non-Disclosure Agreement (NDA)  – Used to keep confidential information secret and out of the hands of competing enterprises.

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Employee Non-Compete Agreement  – Mentions the scenarios where an employee is permitted to, and prohibited from, working for other companies.

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Independent Contractor Agreement – Can be used to establish business relations when employing the services of an independent contractor.

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Subcontractor Agreement – Enables contractors to specify their working terms and conditions for a subcontractor.

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Table of Contents

What is an Employee?

“Employee” Definition  – § 21-1A-2(3)

At-Will Employment

At-Will Employment – Allowed with the exception of any “ Public Policy ” and “ Implied Contract ” understandings.

Income Tax Rate (Individual)

Individual Income Tax Rate  – 3% to 6.5% ( § 11-21-4e )

Minimum Wage ($/hr)

Minimum Wage – $8.75 ( § 21-5C-2 )