Published on February 27th, 2015 by Alan L. Sklover
What is the meaning of:
“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.]
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