West Virginia Code 47-11E-3 – Enforceability of other provisions
Provided that the contract does not state otherwise, nothing in this article limits the enforceability of:
Terms Used In West Virginia Code 47-11E-3
- Contract: A legal written agreement that becomes binding when signed.
- Contract: means a written agreement between a physician and an employer. See West Virginia Code 47-11E-1
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Employer: means any person employing at least one individual in the state or any agent of an employer employing at least one individual in the state. See West Virginia Code 47-11E-1
- Physician: means a doctor of allopathic or osteopathic medicine who is fully licensed to practice medicine and surgery pursuant to the provisions of either article three or fourteen, chapter thirty of this code. See West Virginia Code 47-11E-1
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) Provisions prohibiting a physician from taking any property, patient lists or records of the employer with him or her upon the termination or expiration of the contract;
(2) Provisions requiring a physician to repay an employer all or a portion of:
(A) A loan;
(B) Relocation expenses;
(C) A signing bonus;
(D) Remuneration to induce the physician to relocate or establish a physician practice in a specific geographic area; or
(E) Recruiting, education and training expenses;
(3) A nondisclosure provision relating to confidential information and trade secrets;
(4) A nonsolicitation provision with respect to patients and employees of the employer;
(5) A provision for liquidated damages; or
(6) Any other provision of a contract that is not in violation of law.