Free West Virginia Employment Contract Generator

This Employment Agreement (this "Agreement") is entered into as of 2026-03-16 (the "Effective Date"), by and between:

[COMPANY NAME], a West Virginia corporation with its principal place of business at [COMPANY ADDRESS] (hereinafter referred to as the "Employer" or the "Company"), acting through its authorized representative, [REPRESENTATIVE NAME], [REPRESENTATIVE TITLE];

and

[EMPLOYEE NAME], an individual residing at [EMPLOYEE ADDRESS] (hereinafter referred to as the "Employee").

The Employer and the Employee are hereinafter collectively referred to as the "Parties" and individually as a "Party."

WHEREAS, the Employer desires to employ the Employee, and the Employee desires to accept such employment, upon the terms and conditions set forth herein;

NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1.POSITION AND DUTIES

(a) Position. The Employer hereby employs the Employee in the full-time position of [JOB TITLE] within the [DEPARTMENT] department, commencing on the Effective Date. The Employee hereby accepts such employment and agrees to perform the duties and responsibilities associated with such position faithfully, diligently, and to the best of the Employee's abilities.

(b) Duties. The Employee shall perform all duties and responsibilities customarily associated with the position of [JOB TITLE], together with such other duties and responsibilities as may be reasonably assigned to the Employee from time to time by the Employer. The Employee shall report to such person or persons as the Employer may designate from time to time.

(c) Best Efforts. The Employee shall devote the Employee's full professional time, attention, energy, and best efforts to the performance of the Employee's duties hereunder. The Employee shall act in the best interests of the Employer at all times and shall comply with all policies, procedures, rules, and regulations established by the Employer from time to time.

(d) No Conflicting Employment. During the term of this Agreement, the Employee shall not, without the prior written consent of the Employer, engage in any other employment, occupation, consulting, or other business activity that would (i) create a conflict of interest with the Employer, (ii) interfere with the Employee's performance of duties hereunder, or (iii) adversely affect the business or reputation of the Employer.

2.COMPENSATION AND PAYMENT

(a) Base Compensation. In consideration of the services to be rendered by the Employee hereunder, the Employer shall pay the Employee a base salary at the rate of $[AMOUNT] per annum (the "Base Compensation"), payable in accordance with the Employer's standard payroll practices on a bi-weekly (every two weeks) basis, subject to all applicable federal, state, and local tax withholdings and authorized deductions.

(b) Withholdings and Deductions. The Employer shall deduct and withhold from all compensation payable to the Employee hereunder all amounts required to be deducted or withheld under any provision of applicable federal, state, local, or foreign tax law, including but not limited to federal income tax, Federal Insurance Contributions Act (FICA) taxes, state and local income taxes, and any other mandatory deductions as required by law or authorized by the Employee.

(c) Annual Review. The Employee's Base Compensation shall be reviewed by the Employer on at least an annual basis, and may be adjusted at the Employer's sole discretion based upon the Employee's performance, the Employer's financial condition, prevailing market conditions, and such other factors as the Employer deems relevant. Any adjustment to the Base Compensation shall not reduce the Employee's then-current Base Compensation without the Employee's written consent, except as part of a company-wide compensation reduction program applied on a non-discriminatory basis.

3.BENEFITS

(a) Health Insurance. The Employee shall be eligible to participate in the Employer's group health insurance plan(s) as may be in effect from time to time, subject to the terms, conditions, and eligibility requirements of such plan(s). The Employer shall contribute to the cost of such coverage in accordance with its standard contribution policies. Eligibility for coverage shall commence in accordance with the applicable plan provisions and waiting periods, if any.

(b) Dental and Vision Insurance. The Employee shall be eligible to participate in the Employer's dental and vision insurance plan(s) as may be in effect from time to time, subject to the terms, conditions, and eligibility requirements of such plan(s). Coverage shall commence in accordance with the applicable plan provisions.

(c) Retirement Plan. The Employee shall be eligible to participate in the Employer's 401(k) retirement savings plan or equivalent qualified retirement plan as may be in effect from time to time, subject to the terms, conditions, and eligibility requirements of such plan. The Employer shall match the Employee's contributions up to 3 percent (3%) of the Employee's eligible compensation, subject to the applicable limits imposed by the Internal Revenue Code and the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). Vesting of employer matching contributions shall be in accordance with the plan's vesting schedule.

(d) Paid Time Off. The Employee shall be entitled to fifteen (15) days of paid time off ("PTO") per calendar year, which shall accrue on a pro-rata basis in accordance with the Employer's standard PTO accrual policy. PTO shall be scheduled at times mutually agreeable to the Employee and the Employer, taking into account the operational needs of the Employer. Unused PTO shall be subject to the Employer's policies regarding accrual caps, carryover, and forfeiture, and applicable state law requirements.

(e) Sick Leave. The Employee shall be entitled to five (5) days of paid sick leave per calendar year, or such greater amount as may be required by applicable federal, state, or local law. Sick leave shall be used for the Employee's own illness or medical appointments, or for the care of an immediate family member, in accordance with the Employer's sick leave policy and applicable law.

(f) General Benefits Provisions. All benefits described in this Section are subject to the terms and conditions of the applicable benefit plan documents, which shall govern in the event of any conflict with this Agreement. The Employer reserves the right to modify, amend, or terminate any benefit plan or program at any time in its sole discretion, subject to applicable law. Nothing in this Agreement shall be construed to guarantee the continuation of any particular benefit plan or level of benefits.

4.WORK SCHEDULE AND LOCATION

(a) Work Location. The Employee's primary work location shall be [WORK LOCATION]. The Employer may, from time to time, require the Employee to work at other locations as reasonably necessary for the performance of the Employee's duties.

(b) Work Schedule. The Employee's regular work schedule shall be Monday through Friday, 9:00 AM to 5:00 PM, unless otherwise modified by the Employer in accordance with business needs. The Employee acknowledges that the nature of the position may require the Employee to work additional hours beyond the regular schedule as reasonably necessary to fulfill the Employee's duties and responsibilities.

(c) Remote Work. To the extent the Employer permits remote work arrangements, such arrangements shall be subject to the Employer's remote work policy as may be in effect from time to time and may be modified or revoked at the Employer's sole discretion upon reasonable notice to the Employee. The Employee shall maintain a suitable remote work environment and shall remain available during regular business hours when working remotely.

(d) Travel. The Employee may be required to travel on behalf of the Employer as reasonably necessary for the performance of the Employee's duties. The Employer shall reimburse the Employee for all reasonable and necessary travel expenses incurred in connection with such travel, in accordance with the Employer's travel and expense reimbursement policy.

5.CONFIDENTIALITY AND NON-DISCLOSURE

(a) Definition of Confidential Information. For purposes of this Agreement, "Confidential Information" means any and all non-public, proprietary, or confidential information or data of the Employer, whether disclosed orally, in writing, electronically, or by any other means, and whether or not marked as confidential, including but not limited to: (i) trade secrets, inventions, discoveries, processes, techniques, algorithms, software, designs, formulas, and know-how; (ii) business plans, strategies, forecasts, projections, financial data, budgets, and pricing information; (iii) customer and supplier lists, contact information, purchasing histories, and preferences; (iv) marketing plans, sales strategies, and market research data; (v) personnel information, compensation data, and organizational plans; (vi) information regarding pending or threatened litigation, regulatory matters, or contractual arrangements; and (vii) any other information that the Employee knows or reasonably should know is treated as confidential by the Employer.

(b) Obligations of Confidentiality. The Employee agrees to hold all Confidential Information in the strictest confidence and not to, directly or indirectly, disclose, publish, communicate, or make available any Confidential Information to any third party without the prior written consent of the Employer. The Employee shall use Confidential Information solely for the purpose of performing the Employee's duties hereunder and for no other purpose whatsoever. The Employee shall exercise at least the same degree of care in protecting the Employer's Confidential Information as the Employee would use to protect the Employee's own most valuable confidential information, and in no event less than reasonable care.

(c) Exclusions. The obligations set forth in this Section shall not apply to information that: (i) is or becomes generally available to the public through no fault or breach of this Agreement by the Employee; (ii) was in the Employee's lawful possession prior to disclosure by the Employer, as evidenced by competent written records; (iii) is lawfully disclosed to the Employee by a third party without restriction on disclosure and without breach of any obligation of confidentiality; or (iv) is independently developed by the Employee without use of or reference to the Employer's Confidential Information, as evidenced by competent written records.

(d) Duration. The obligations of confidentiality set forth in this Section shall survive the termination or expiration of this Agreement and shall continue in perpetuity with respect to trade secrets (as defined under applicable law) and for a period of three (3) years following termination with respect to all other Confidential Information.

(e) Return of Materials. Upon the termination of this Agreement for any reason, or upon the Employer's earlier request, the Employee shall immediately return to the Employer all documents, records, files, notebooks, electronic media, and all other materials containing or relating to Confidential Information, including all copies, summaries, analyses, and extracts thereof, whether in physical or electronic form. The Employee shall not retain any copies of such materials and shall permanently delete all electronic files and data containing Confidential Information from the Employee's personal devices, accounts, and storage media.

(f) Remedies. The Employee acknowledges that any unauthorized disclosure or use of Confidential Information would cause irreparable harm to the Employer for which monetary damages would be an inadequate remedy. Accordingly, the Employer shall be entitled to seek injunctive relief, specific performance, or other equitable remedies in addition to any other remedies available at law or in equity, without the necessity of proving actual damages or posting a bond or other security.

(g) Whistleblower Protection. Notwithstanding the foregoing, nothing in this Agreement shall prohibit or restrict the Employee from: (i) making any disclosure of Confidential Information required by law or valid legal process; (ii) reporting possible violations of law or regulation to any governmental agency or entity, including but not limited to the Department of Justice, the Securities and Exchange Commission, Congress, or any agency Inspector General; or (iii) making disclosures that are protected under the whistleblower provisions of applicable federal, state, or local law. Pursuant to the Defend Trade Secrets Act of 2016 (18 U.S.C. Section 1833(b)), the Employee shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that is made in confidence to a government official or to an attorney solely for the purpose of reporting or investigating a suspected violation of law.

6.INTELLECTUAL PROPERTY AND WORK PRODUCT

(a) Work Product Defined. For purposes of this Agreement, "Work Product" means any and all inventions, discoveries, improvements, ideas, concepts, designs, techniques, methods, processes, algorithms, software, code, databases, works of authorship, documentation, reports, analyses, presentations, and all other works, materials, and deliverables, whether or not patentable or copyrightable, that are conceived, created, developed, reduced to practice, or otherwise produced by the Employee, either alone or jointly with others, during the term of the Employee's employment with the Employer and that (i) relate to the Employer's actual or reasonably anticipated business, research, or development, (ii) result from any work performed by the Employee for the Employer, or (iii) are created using the Employer's resources, equipment, facilities, or Confidential Information.

(b) Work Made for Hire. To the fullest extent permitted by applicable law, all Work Product that constitutes a copyrightable work shall be deemed a "work made for hire" as that term is defined in Section 101 of the United States Copyright Act of 1976, as amended (17 U.S.C. Section 101), and the Employer shall be considered the author thereof and shall own all rights, title, and interest therein, including all copyrights. To the extent that any Work Product does not qualify as a "work made for hire" under applicable law, the Employee hereby irrevocably assigns, transfers, and conveys to the Employer all right, title, and interest in and to such Work Product, including all intellectual property rights therein.

(c) Assignment of Rights. The Employee hereby irrevocably assigns, transfers, and conveys to the Employer, and agrees to assign, transfer, and convey to the Employer, all right, title, and interest in and to all Work Product, including but not limited to all patents, patent applications, copyrights, trademarks, trade secrets, and all other intellectual property rights therein, throughout the world, for the full term of such rights and any extensions or renewals thereof. This assignment includes all rights to pursue and collect damages for past, present, and future infringement of such rights.

(d) Invention Assignment. The Employee agrees to promptly and fully disclose to the Employer all inventions, discoveries, improvements, and ideas, whether or not patentable, that are conceived, made, or reduced to practice by the Employee, either alone or jointly with others, during the term of employment and that relate to the Employer's business or result from work performed for the Employer. The Employee hereby assigns and agrees to assign to the Employer all right, title, and interest in and to all such inventions, including all patent rights, throughout the world.

(e) Prior Inventions. The Employee has identified on Exhibit A attached hereto (if any) all inventions, discoveries, improvements, and original works of authorship that were conceived, developed, or reduced to practice by the Employee prior to the commencement of employment with the Employer and that the Employee desires to exclude from the scope of this Agreement ("Prior Inventions"). If no such Exhibit A is attached, the Employee represents that there are no Prior Inventions. The Employer acknowledges that the Prior Inventions, if any, shall remain the sole property of the Employee, provided that the Employee does not incorporate any Prior Invention into any Work Product without the prior written consent of the Employer.

(f) Cooperation. The Employee agrees to cooperate fully with the Employer, both during and after the term of employment, in the preparation, filing, prosecution, maintenance, and enforcement of all patent applications, copyright registrations, trademark registrations, and other intellectual property filings and registrations related to any Work Product. The Employee shall execute all documents and instruments, and perform all acts, as the Employer may reasonably request to effectuate the assignments contemplated by this Section, including but not limited to assignments, declarations, and powers of attorney. In the event the Employer is unable to obtain the Employee's signature on any such document after reasonable effort, the Employee hereby irrevocably designates and appoints the Employer and its duly authorized officers and agents as the Employee's agent and attorney-in-fact to execute such documents on the Employee's behalf.

7.TERMINATION

(a) At-Will Employment. The Employee's employment with the Employer is "at-will," meaning that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause, and with or without notice, subject to the notice provisions set forth below. Nothing in this Agreement shall be construed to create an express or implied contract of employment for any definite period, nor shall it be construed to limit the right of either Party to terminate the employment at will. No supervisor, manager, or representative of the Employer has the authority to enter into any agreement with the Employee, whether express or implied, that alters the at-will nature of the employment, unless such agreement is in writing and signed by an authorized officer of the Employer.

(b) Termination by Employer. The Employer may terminate the Employee's employment at any time by providing no prior notice to the Employee, except in cases of termination for Cause (as defined below), in which case immediate termination shall be permitted. The Employer may, in its sole discretion, elect to provide payment in lieu of the notice period.

(c) Termination by Employee. The Employee may terminate the Employee's employment at any time by providing fourteen (14) calendar days' prior written notice to the Employer. The Employer may, in its sole discretion, waive all or any portion of the notice period and accelerate the Employee's last day of employment.

(d) Termination for Cause. The Employer may terminate the Employee's employment immediately and without prior notice for "Cause." For purposes of this Agreement, "Cause" shall mean any of the following:

(i) Fraud, dishonesty, embezzlement, or misappropriation of the Employer's funds or property;

(j) Gross misconduct, gross negligence, or willful malfeasance in the performance of duties;

(k) Conviction of, or plea of guilty or nolo contendere to, any felony or any crime involving moral turpitude;

(l) Material breach of any provision of this Agreement, including but not limited to the confidentiality, non-competition, or non-solicitation covenants, which breach remains uncured for a period of fifteen (15) days after written notice thereof from the Employer;

(m) Substance abuse or use of illegal drugs that impairs the Employee's ability to perform duties or adversely affects the Employer's business or reputation.

The determination of whether Cause exists shall be made by the Employer in good faith, and the Employer's determination shall be final and binding.

(e) Effect of Termination. Upon the termination of the Employee's employment for any reason:

(i) The Employee shall immediately return to the Employer all property, equipment, documents, records, files, keys, access cards, credit cards, electronic devices, and all other materials belonging to the Employer or containing Confidential Information, in the Employee's possession, custody, or control;

(ii) The Employer shall pay to the Employee all accrued and unpaid Base Compensation through the date of termination, together with any accrued but unused PTO or vacation time to the extent required by the Employer's policies or applicable law, within the time period required by applicable state law;

(iii) The Employee's entitlement to any benefits shall cease as of the date of termination, except as otherwise required by applicable law, including but not limited to the Consolidated Omnibus Budget Reconciliation Act ("COBRA") or applicable state continuation coverage laws;

(iv) All restrictive covenants contained in this Agreement, including but not limited to the confidentiality, non-competition, non-solicitation, and intellectual property provisions, shall survive the termination of this Agreement and shall remain in full force and effect in accordance with their respective terms.

8.DISPUTE RESOLUTION

(a) Good Faith Negotiation. In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof (a "Dispute"), the Parties shall first attempt to resolve such Dispute through good faith negotiations between the Parties or their authorized representatives. Either Party may initiate good faith negotiations by delivering written notice to the other Party describing the nature of the Dispute in reasonable detail (a "Dispute Notice"). The Parties shall use their best efforts to resolve the Dispute within thirty (30) calendar days following the delivery of the Dispute Notice.

(b) Mediation. If the Dispute is not resolved through good faith negotiations within the thirty (30)-day period described above, either Party may submit the Dispute to non-binding mediation administered by the American Arbitration Association ("AAA") or another mutually agreed-upon mediation service, in accordance with its then-current mediation rules and procedures. The mediation shall be conducted in the State of West Virginia at a location mutually agreed upon by the Parties. The costs of mediation, including the mediator's fees and expenses, shall be borne equally by the Parties, and each Party shall bear its own attorneys' fees and costs in connection with the mediation.

(c) Arbitration or Litigation. If the Dispute is not resolved through mediation within sixty (60) calendar days following the delivery of the Dispute Notice (or such longer period as the Parties may mutually agree), either Party may pursue resolution of the Dispute through binding arbitration or litigation, as follows: The Dispute shall be submitted to and resolved by final and binding arbitration administered by the AAA in accordance with its then-current Employment Arbitration Rules. The arbitration shall be conducted by a single arbitrator selected in accordance with the AAA's rules. The arbitration shall take place in the State of West Virginia. The arbitrator's decision shall be final and binding upon the Parties, and judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either Party may seek temporary or preliminary injunctive relief from a court of competent jurisdiction to prevent irreparable harm pending the resolution of any arbitration proceeding.

(d) Venue. Any litigation or legal proceeding arising out of or relating to this Agreement that is not subject to arbitration shall be brought exclusively in the state or federal courts located in the State of West Virginia, and each Party hereby irrevocably consents to the exclusive jurisdiction and venue of such courts for such purposes and waives any objection based on inconvenient forum or lack of jurisdiction.

(e) Attorneys' Fees. In any action, arbitration, or proceeding to enforce or interpret any provision of this Agreement, the prevailing Party shall be entitled to recover its reasonable attorneys' fees, costs, and expenses from the non-prevailing Party, in addition to any other relief to which the prevailing Party may be entitled.

9.GENERAL PROVISIONS

(a) Governing Law. This Agreement shall be governed by, and construed and interpreted in accordance with, the laws of the State of West Virginia, without regard to its principles of conflicts of law that would require or permit the application of the laws of another jurisdiction.

(b) Entire Agreement. This Agreement, together with all exhibits, schedules, and attachments hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations, and discussions, whether oral or written, between the Parties with respect to the subject matter hereof. There are no warranties, representations, or other agreements between the Parties in connection with the subject matter hereof except as specifically set forth herein.

(c) Amendments. This Agreement may not be amended, modified, supplemented, or waived except by a written instrument duly executed by both Parties. No oral modification or waiver of any provision of this Agreement shall be effective for any purpose.

(d) Severability. If any provision of this Agreement, or the application thereof to any person or circumstance, is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Furthermore, in lieu of such invalid, illegal, or unenforceable provision, there shall be added automatically as part of this Agreement a provision as similar in terms to such invalid, illegal, or unenforceable provision as may be possible and be valid, legal, and enforceable.

(e) Waiver. No failure or delay by either Party in exercising any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege. The rights and remedies provided herein are cumulative and are not exclusive of any rights or remedies provided by law.

(f) Notices. All notices, demands, requests, consents, approvals, and other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given when (i) delivered personally, (ii) sent by registered or certified mail, return receipt requested, postage prepaid, (iii) sent by a nationally recognized overnight delivery service with tracking capability, or (iv) sent by email with confirmation of receipt, addressed to the respective Party at the address set forth above or at such other address as either Party may designate by written notice to the other Party in accordance with this Section.

(g) Assignment. The Employee may not assign, transfer, or delegate the Employee's rights, obligations, or duties under this Agreement without the prior written consent of the Employer. The Employer may assign this Agreement to any successor entity, whether by merger, consolidation, acquisition of all or substantially all of the Employer's assets, or otherwise, without the Employee's consent. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, personal representatives, successors, and permitted assigns.

(h) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimile, scanned, and electronic signatures shall be deemed to be original signatures for all purposes.

(i) Headings. The section headings contained in this Agreement are for convenience of reference only and shall not be deemed to affect the meaning or interpretation of any provision of this Agreement.

(j) Survival. The provisions of this Agreement that by their nature are intended to survive the termination of this Agreement, including but not limited to the confidentiality, non-competition, non-solicitation, intellectual property, dispute resolution, and general provisions, shall survive the termination or expiration of this Agreement and shall remain in full force and effect.