Tortious Interference in the Employment Context: A State-by-State Survey, Fifth Edition
Tortious Interference in the Employment Context: A State-by-State Survey analyzes two closely related actions that often arise in employment lawsuits: tortious interference with contract, and tortious interference with commercial relationships or prospective economic expectancies. It examines the elements of the cause of action, as well as the types of relief afforded on a successful claim, which may include damages, injunctive relief, and attorney’s fees. It also discusses the impact of at-will employment, the effect of indemnification agreements, the personal liability of a defendant’s employees, hiring measures found acceptable in various states for screening employees bound by restrictive covenants, and many other important issues.
The treatise also reviews the various defenses that may be posed, including invalidity or unenforceability of the restrictive covenant, breach of contract by the former employer, unclean hands, estoppel and other equitable defenses, the affirmative defenses of justification and competitor’s privilege, preemption, absence of damages, statute of limitations, and more.
Using a uniform topic structure that provides a comparative view across states, Tortious Interference in the Employment Context is invaluable for lawyers with a multi-jurisdictional practice, as well as for those seeking persuasive authority from other states.
The 2018 Supplement contains fresh analysis bringing the treatise current through December 31, 2017, examining questions including:
- Which party bears the burden of establishing that the defendant is a "stranger" to the contract or business relationship?
- Is a "probability of future economic benefit" absolutely required to state a claim for tortious interference with prospective economic advantage?
- Does a plaintiff alleging the existence of a business opportunity need to identify a specific party ready to enter into a business relationship?
SUMMARY OF CONTENTS
Each State Chapter Addresses:
Elements of a Former Employer’s Claim Regarding Recruiting or Hiring an Employee With a Restrictive Covenant:
- Interference With the Covenant
- Interference With Commercial Relationships or Prospective Economic Advantage Expectancies
Claims for Interference Involving the Restrictive Covenant Itself:
- Claims Against the New Employer Where the Employment Was At Will
- Claims Where the Employment Was for a Definite Term
- Defenses to Claim
- Relief Available to Former Employer
- Similar Claims Recognized by States
- Hiring Measures by a New Employer for Screening Applicants With Restrictive Covenants
- Practical Advice to a Company Considering Hiring Such an Applicant
- Personal Liability of Individual Officers or Employees of Former Employer for Interference
Law Review Articles/Other Publications