West Virginia Independent Contractor Agreement

A freelance / 1099 services agreement drafted to support contractor status under your state's test, with IP, confidentiality and payment terms.

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West Virginia rules that this document follows

Worker-classification testHybrid / varies by purpose — unemployment insurance uses ABC unless the § 21-5I safe harbor is metSource: W. Va. Code § 21-5I-1 et seq. (Employment Law Worker Classification Act, 2021: written contract plus statutory factors, applies to wage, WC, UI and Human Rights Act); W. Va. Code § 21A-1A-16(7) (unemployment ABC test)
Freelance payment lawNone statewideSource: No statewide freelance-payment statute; general contract law and prompt-pay rules apply
Non-compete vs. contractorsyesSource: Common law (Reddy v. Community Health Foundation, 171 W. Va. 368 (1982)); W. Va. Code § 47-11E-1 et seq. (physicians: 1 yr/30 mi)
Terms this contract includesparties' names and addresses, itemized services (scope of work), rate and method of compensation, payment date or mechanism, term and termination, independent contractor status statement, IP ownership / work product, confidentiality, signed written contract acknowledging contractor status (W. Va. Code § 21-5I-4(a))

Rules current as of 2026-09-07. Statutes change; verify before relying on them.

How to use this Independent Contractor Agreement in West Virginia

Describe the deliverables, not the hours; let the contractor set the schedule and use their own tools. Collect a W-9 before the first payment and file a 1099-NEC if you pay $600 or more in a year.

Pay on time — late payment is the most common freelance dispute.

Frequently asked questions

Does a contract make someone an independent contractor in West Virginia?

No. West Virginia applies the classification tests (W. Va. Code § 21-5I-1 et seq. (Employment Law Worker Classification Act, 2021: written contract plus statutory factors, applies to wage, WC, UI and Human Rights Act); W. Va. Code § 21A-1A-16(7) (unemployment ABC test)) to the actual relationship. This agreement is drafted to support contractor status, but the parties must also behave accordingly: the contractor controls how the work is done, uses its own tools and works for others.

Is there a freelancer payment law in West Virginia?

No statewide freelance law; general contract law and this agreement's payment terms govern.

Can I add a non-compete?

In West Virginia: yes (Common law (Reddy v. Community Health Foundation, 171 W. Va. 368 (1982)); W. Va. Code § 47-11E-1 et seq. (physicians: 1 yr/30 mi)). This template deliberately omits non-competes; a narrow non-solicitation clause is optional.

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FormsByState provides self-help document templates and general information, not legal advice. We are not a law firm. For advice about your situation consult a licensed attorney in your state.