Crucial Components of an Employment Agreement in West Virginia
Employment is a contentious field that could lead to legal complexities if not handled with care. And this goes for both the employer and the employees. Things can usually go south without clearly defined roles, compensation structures, and benefits. So, an employment agreement in West Virginia can come in handy in making these issues clear.
These legally binding documents offer endless benefits that include providing certainty and stability for both parties. It also helps in avoiding misunderstandings and disputes that may arise down the road. But it is also crucial to understand the essential components of a valid employment agreement. Continue reading for more details.
What is Included in The West Virginia Employment Contract
An employment document form may contain various details. This will depend on the agreement type, the contract duration, and the employee. Otherwise, the common information to expect include:
- Salary and benefits
- Company policy and procedure
- Disciplinary actions
- Causes for termination
- Employee title and job duties
The form can also contain other information like non-compete and non-disclosure clauses. These are especially crucial if a company is looking to protect its trade secrets and other confidential data.
Are Employment Agreements Enforceable in West Virginia?
All types of employment contracts are enforceable. This includes even contracts with restrictive clauses like non-compete agreements. The court will enforce them as long as they are realistic and do not violate any laws.
While non-compete agreements are enforceable, they will only be reasonable if they meet the following standards.
- Are reasonably restrictive in protecting employers
- Do not impose undue hardship on employees
- Do not interfere with public policies.
West Virginia is also an at-will employment state, meaning employers and employees can terminate the working relationship with or without cause. However, the provided reason for termination must be legal. Employment cannot be terminated on discriminative grounds like race, gender, religion, etc.
A valid employment agreement in West Virginia will protect the employee and the employer from undue contract termination. The working relationship can only end under the causes outlined in the agreement.
The Legal Requirements for West Virginia Employment Contracts
General employment contracts in West Virginia must abide by state laws and regulations. These can range from issues like minimum wage laws, which provide for a basic minimum rate of $8.75 per hour.
The state also recognizes written and oral agreements. However, oral contracts must always be completed within a year. Otherwise, they must be in writing. For this reason, it is recommended that most of the contracts be in writing.
That is because a written agreement is easier to enforce since it is tangible with clear set terms and conditions. On the other hand, an oral contract cannot be substantiated in a court of law, but it is still legal. The employer must choose which option will work best based on the employment arrangement.
Types of West Virginia Employment Contracts
West Virginia has several types of employment agreements. They vary based on the kind of job, duration of the contract, and the employee to be hired. Some of them include:
- Permanent agreements are used by companies hiring permanent employees with a clear set of working hours and compensation.
- Non-disclosure agreement prohibits employees from sharing confidential information and trade secrets from their employer.
- A non-compete agreement prevents employees from starting a new venture or working for a company in the same industry as the employer.
Accessing an employment contract form is not as challenging as in the past. Today, you can easily access free employment agreements in West Virginia forms without spending money. You won’t also stress yourself over hiring an attorney to do the bidding for you. Simply get your printable forms from Forms.legal to create your agreement in minutes.