Can a home care agency make caregivers sign a non-compete in West Virginia?

Generally enforceable if reasonable. West Virginia has no general non-compete statute. Courts enforce covenants that are ancillary to a lawful contract, no greater than reasonably necessary to protect legitimate interests such as customer lists and confidential information, reasonable in time and area, and not unduly hard on the employee. Courts can narrow overbroad terms. There is no wage threshold.

What about a client hiring your caregiver directly?

That is usually handled in the client service agreement, not the caregiver's contract: some agencies charge a placement or conversion fee if a client hires a caregiver directly. Whether that clause is enforceable is a contract question, so have a local employment lawyer review it.

What should you confirm?

Based on West Virginia case law summarized in a law firm survey. West Virginia has separate statutory limits on physician non-competes.

General information, not legal advice.