Tortious Interference in the Employment Context: A State-by-State Survey, Sixth Edition


New 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 new Sixth Edition examines:

  • Whether the competitor’s privilege defense entitles an employer to seek to divert business not only from competitors generally but also from a particular competitor
  • Whether an action for tortious interference can be based on an inchoate agreement
  • Whether interference with an at-will contract requires a pleading of wrongful means
  • The viability of a claim based on imminent interference
  • The types of conduct considered to be “unjustified” under contemporary tortious interference analysis


    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

    Common Issues:

    • Hiring Measures by a New Employer for Screening Applicants With Restrictive Covenants
    • Practical Advice to a Company Considering Hiring Such an Applicant
    • Indemnification
    • Personal Liability of Individual Officers or Employees of Former Employer for Interference

    Law Review Articles/Other Publications

    Request a demo of Bloomberg Law today and see how we deliver everything you need to stay one step ahead of employment law developments.


    Brian M. Malsberger, a Bloomberg Law Senior Editor, Arlington, VA, is the author of Covenants Not to Compete: A State-by-State Survey, Employee Duty of Loyalty: A State-by-State Survey, Tortious Interference in the Employment Context: A State-by-State Survey, and Trade Secrets: A State-by-State Survey.

    Board of Review Associate Editors

    David J. Carr is a partner at Ice Miller LLP, Indianapolis, IN. He is Chair of the firm's Employment Litigation Group, where he focuses his practice in the areas of personnel policies, employment discrimination, wage and hour law, and employment contracts involving trade secrets, confidential information and covenants against competition.

    Arnold H. Pedowitz is a partner with Pedowitz & Meister, LLP in New York, NY, where he practices plaintiff-side employment law.

    Eric Akira Tate serves as the co-chair of the Employment and Labor Group at Morrison Foerster LLP in San Francisco, CA. He represents companies in trade secret, employee raiding and mobility, unfair competition, wage and hour, employment discrimination, and whistle-blower litigation.

    Published:  2019

    ISBN:  978-1-68267-741-4

    Order #3741

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