Tortious Interference – Key Words & Phrases

Published on February 27th, 2015 by Alan L. Sklover

Key Words

What is the meaning of:

“tortious interference”?

“Tortious Interference” means, to use the vernacular, “sticking your nose into another person’s business (including employment relation) where your nose has no right to be.” It is a legal claim, available to both employers and employees, in the employment law context.

It is a basis for a lawsuit that requires these elements to be proven: (1) a business or employment relation, (2) that was damaged (3) by an unrelated third party, (4) without good reason and/or maliciously, (5) with intent to injure.

An example of “tortious interference” affecting an employee would be if a former employer (or any other unrelated person) wrote to a new employer something like “Did you know that your new employee was investigated for child neglect 20 years ago?” which letter got the employee fired.

An example of “tortious interference” affecting an employer would be if a competitor offered money to one of the employer’s employees to share trade secrets, such as the employer’s list of clients, customers and vendors.

Tortious Interference is what lawyers call an “Intentional Business Tort,” meaning an intentional act to hurt someone in their business relations or reputation. It can be raised where someone has a contract, or just where they have a business or employment relation without a contract.

In these hyper-competitive days, we see more of this kind of conduct, and thus more of this kind of lawsuit.

Be watchful of others with different interests than yours, and be careful of your own conduct, as well.

Not that it is any of my business . . .

P.S.: To read more on this subject, [click here.]

© 2015 Alan L. Sklover. All Rights Reserved. Commercial Use Strictly Prohibited

“If my employer pays my attorney fees, am I taxed on the amount they pay?”

Published on February 24th, 2015 by Alan L. Sklover

Question: Last year, I hired an attorney to help me negotiate my severance package. When we were finally finished, I asked for one more thing: that my employer also pay my attorney’s legal fees. They agreed to pay the first $5,000 of the legal bill.

Recently, I received a tax Form 1099 saying that I was responsible for paying income taxes on that $5,000. Is this right?

Ashley
Pensacola, Florida

Answer: Dear Ashley: I am not a trained and experienced tax attorney, so I don’t offer tax advice. But, on this point of tax law, because it is related to severance, I can give you a clear answer: both you and your attorney must pay taxes on the same $5,000. Here’s why:
Continue Reading. . .

Sklover’s Thought for the Work Week

Published on February 23rd, 2015 by Alan L. Sklover

Featured Coffee Cup

“Many times what cannot be refuted by argument can be parried by laughter.”

– Erasmus

Boy, do I ever wish I had a better sense of humor! In navigation and negotiation of workplace issues I have seen some real charmers, jokesters and merry-makers get away with so much because of their ability to make others laugh. Laughter is not only the best medicine, it is often the best leverage in many situations, as well. When the going gets tough, the tough get going, but the shrewdest among us often tell a joke, or share a funny story. Did I ever tell you the one about . . . ?

© 2015 Alan L. Sklover. All Rights Reserved

[If you would like to contribute a favored quote, saying or proverb, please submit it to us at info@SkloverWorkingWisdom.com].

Job Loss Rebound – How to Do It “A.S.A.P.”

Published on February 18th, 2015 by Alan L. Sklover

“We often look so long and so regretfully upon the closed door
that we do not see the one which has opened for us.”

- Alexander Graham Bell

ACTUAL “CASE HISTORIES: In working with individuals who have suffered job loss, the following question is frequently posed to me, in the words, or in the eyes, of my clients: “Got any good ideas on how to deal with this?”

Over the 32 years of my practice, I’ve thought a lot about how to answer that question. Out of those thoughts, and observing those of my clients who have rebounded most quickly, have arisen four steps almost all of the “rebounders” seem to have taken.

Like all “Four Steps to . . .” solutions, it is not a “magic pill” that will instantly solve your problems. Instead, it is a way of looking at things, comprised of a series of phases one must go through to reach the next step in life, whatever that might be, as soon, as soundly and as successfully as possible.
Is it simplistic? Yes, a bit; yes, you might say that. But from the comments I have received from clients with whom I have shared this four-step process, it seems to be considerably helpful. In my own experience, when it comes to bewildering problems that engulf us like a fog on a dark night, sometimes the simpler the solution the better. And, too, the simpler the solution the more applicable it may be to the greatest number of people.

I know this four-step analysis has helped others, and I am hoping it will help to you, or someone you know, deal with one of the more painful and dislocating experiences of adulthood.

LESSON TO LEARN: Job loss is often experienced as a series of blows – to one’s confidence, to one’s sense of self-worth, to one’s sense of direction, to one’s financial security, and to one’s sense of having a place in the daily affairs of the world. The four “steps” that comprise what I call my “Rebound A.S.A.P. Method,” seems to help smooth out, soften and shorten these blows.

I have shared them with my clients over the years, and present them to you now. Each addresses those blows in a somewhat step-by-step fashion. Coincidentally or perhaps by some design, the first letter of each of the four steps together spell out the acronym “A.S.A.P.”, and thus make it a bit easier to remember.

WHAT YOU CAN DO: Here are the four steps I have found can help those who suffered job loss rebound “A.S.A.P.”
Continue Reading. . .

Sklover’s Thought for the Work Week

Published on February 16th, 2015 by Alan L. Sklover

Featured Coffee Cup

“He who is ashamed of asking is ashamed of learning.”

– Danish Proverb

I love this proverb because I have seen its wisdom so many times in my life. “How does this work?” “Why do we do that?” “What is your concern?” “How do you see this playing out?” Looking back, when I have asked, I have benefitted. But, first I had to get over the tacit admission that I did not know the answer. And, looking back, the more I asked, the easier it was to ask, and the more I understood.

© 2015 Alan L. Sklover. All Rights Reserved

[If you would like to contribute a favored quote, saying or proverb, please submit it to us at info@SkloverWorkingWisdom.com].

Alan L. Sklover

Alan L. Sklover

Employment Attorney
and Career Strategist
for over 30 years

Job Security and Career Success now depend on knowing how to navigate and negotiate to gain the most for your skills, time and efforts. Learn the trade secrets and 'uncommon common sense' of Attorney Alan L. Sklover, the leading authority on "Negotiating for Yourself at Work™".

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