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

This treatise provides comprehensive coverage of tortious interference in the employment context on a state-by-state basis in an easy-to-use, question-and-answer format.



Price: $515.00 Main Volume

Meet The Authors

David J. Carr
Board of Review Associate Editor
Arnold H. Pedowitz
Board of Review Associate Editor
Eric Akira Tate
Board of Review Associate Editor


Tortious Interference in the Employment Context: A State-by-State Survey examines, by state, two closely related actions that often arise in employment lawsuits: tortious interference with contract, and tortious interference with commercial relationships or prospective economic expectancies. Whether in a business-versus-business suit, or in a suit brought by a former employee against an employer, a tortious interference claim is frequently collateral to a suit alleging breach of a covenant not to compete, breach of the employee duty of loyalty, or misappropriation of trade secrets, among others.

Now it its Fifth Edition, Tortious Interference in the Employment Context 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 attorneys 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 is invaluable for lawyers with a multi-jurisdictional practice, as well as for those seeking persuasive authority from other states.


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



Bloomberg BNA authors and editors are practicing professionals with insider perspectives and real-life experience. Learn more about this book’s authors and editors.
David J. Carr is a partner in the Labor and Employment Law Group of Ice Miller LLP, Indianapolis, IN.
Arnold H. Pedowitz is a partner with Pedowitz & Meister, LLP in New York, NY, where he practices plaintiff-side employment law.
Eric Akira Tate is a partner at Morrison & Foerster LLP, San Francisco, CA, and serves as co-chair of the firm’s Employment and Labor Practice Group.


View full tables of contents and read the book’s preface or introduction.