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West Virginia Employment Contract Template

Use our customizable West Virginia employment contract to define pay, duties, benefits, and workplace policies. Protect both employer and employee rights while ensuring compliance with state and federal labor laws.

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1,109 Ratings
  • Duration 2 min
  • Download as PDF and Word
  • E-sign included

Written by Josh Sainsbury | Attorney-Reviewed by Harvey Barbee, J.D.

How It works?

1

Answer a Few Questions

Enter job details like title, pay, benefits, and start date to begin your West Virginia contract.

2

Customize Your Contract

Our builder generates a professional, legally sound agreement tailored to your business needs.

3

Download and Finalize

Save your completed contract as a PDF or Word file, review it, and sign with your employee.

Table of Contents

  1. What Is a West Virginia Employment Contract?
  2. Key West Virginia Hiring Rules That Affect Your Contract
  3. How to Write a West Virginia Employment Contract

What Is a West Virginia Employment Contract?

A West Virginia employment contract is a written agreement between an employer and employee that sets out job duties, compensation, and work conditions. West Virginia is an at-will employment state, meaning either party may terminate the relationship at any time unless a contract, policy, or law provides otherwise.

Key West Virginia Hiring Rules That Affect Your Contract

  • At-will employment: Employment is at-will unless otherwise stated in a written contract or collective bargaining agreement.
  • Minimum wage: $8.75/hour as of 2025.
  • Overtime: Non-exempt employees must receive 1.5× pay for hours worked over 40 in a week (West Virginia Code § 21-5C-3).
  • Meal/rest breaks: Employees working 6+ consecutive hours must receive a 20-minute meal break (WV Code § 21-3-10a).
  • Paid leave: No statewide requirement for paid sick or vacation leave; policies are employer-determined. Public employers may have separate rules.
  • Pay frequency: Wages must be paid at least twice per month, within 6 to 13 days after the pay period ends (WV Code § 21-5-3).
  • Final pay: All earned wages are due within 72 hours if discharged or by the next payday if the employee resigns (WV. Code § 21-5-4).
  • Child labor: Workers under 14 generally cannot be employed except in limited roles; ages 14–15 face hour and job restrictions under WV Code § 21-6-1–10.
  • Non-competes: Enforceable if reasonable in duration, geography, and scope, and designed to protect legitimate business interests.
  • E-signatures: Recognized under the Uniform Electronic Transactions Act (WV Code § 39A-1-7).
  • Recordkeeping: Employers must keep payroll and employment records for at least 2 years (West Virginia Code of State Rules 42-31-5).

How to Write a West Virginia Employment Contract

Follow these steps to create a complete and compliant employment agreement:

  1. Add party details: Include employer and employee names, job title, and start date.
  2. Define job duties: Summarize core responsibilities, supervisor, and work location.
  3. Set pay and schedule: Specify hourly rate or salary, pay period, and overtime eligibility.
  4. Include benefits: Describe available PTO, holidays, or health insurance benefits.
  5. Add meal and break policies: Reference the required 20-minute meal break for long shifts.
  6. Include confidentiality clauses: Protect company trade secrets and sensitive information.
  7. Address non-compete terms: Use only when necessary and ensure they are reasonable under West Virginia law.
  8. Define termination terms: Confirm the at-will employment rule and include any notice or severance procedures.
  9. Finalize the contract: State that West Virginia law governs and allow both parties to sign electronically.