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

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DESCRIPTION

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

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


AUTHORS

Brian M. Malsberger, a Law Senior Editor, Arlington, VA, is the author of , , , and .

 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.

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

 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.


Main Edition

Published:  2017

ISBN:  978-1-68267-295-2

Supplement

Published:  2018

ISBN:  978-1-68267-554-0

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