Originally Posted by SteelSD
Thanks very much for your input, RB. Knowing that our communications here do not establish an attorney-client relationship, and also knowing that your opinion does not represent legal advice relating directly to my wife's situation, what kind of counterclaim might a resident of WV be able to file?
WV generally recognizes a claim for tortious interference with the right to employment in certain contexts. For example, if Mary Jones attempts to gain employment with Company B and Company A then attempts to prevent her from taking the job because she allegedly is subject to a covenant not to compete, if a court later determines that the covenant not compete is unenforceable, then Mary Jones may have a claim against Company A for interfering with her ability to accept the job offer from Company B.
My advice to employers in WV is, when in doubt, to err on the side of not attempting to enforce covenants not to compete. We only try to enforce such covenants when we are certain the covenant will be upheld.