BOOK

Tortious Interference in the Employment Context: A State-by-State Survey, Fourth Edition, with 2016 Cumulative Supplement

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. It examines both business-versus-business suits, and suits brought by former employees against employers.

 

 

MEET THE AUTHORS
book-image
David J. Carr
Board of Review Associate Editor
Arnold H. Pedowitz
Board of Review Associate Editor
Eric Akira Tate
Board of Review Associate Editor

DESCRIPTION

Tortious Interference in the Employment Context: A State-by-State Survey examines both business-versus-business suits, and suits brought by former employees against employers. Using a uniform outline, and an easy to use, question-and-answer format, the treatise examines—for each state—the elements of the cause of action, the defenses that may be successfully raised, and the types of relief available. Using a uniform topic structure that provides a comparative view across states, this treatise is invaluable for lawyers with a multi-jurisdictional practice, as well as for those seeking persuasive authority from other states.

 

Each State Chapter Addresses:

  • Interference with the Covenant
  • Interference with Commercial Relationships or Prospective Economic Advantage/Expectancy
  • ​Claims Against the New Employer Where the Employment Was At Will
  • Claims Where the Employment Was for a Definite Term
  • Defenses to Claims
  • Relief Available to Former Employer
  • Similar Claims Recognized by States
  • Practical Advice for an Employer Screening or Considering Hiring Applicants With Restrictive Covenants
  • Indemnification
  • Personal Liability of Individual Officers or Employees for Tortious Interference

Supplement Information

The 2016 Cumulative Supplement updates the main volume with analysis of issues including:

  • The arbitrability of tortious interference claims under Arizona law
  • Preemption of tortious interference claims under Arkansas law
  • The establishment of triable claims for intentional interference with prospective economic advantage under California law
  • Whether a nurse engages in tortious interference with business relations under Connecticut law by contacting her employer’s patients after she resigns
  • How a plaintiff can overcome the “high hurdle” in New York of establishing that that the defendant acted with the sole purpose of harming the plaintiff or used dishonest, unfair, or improper means
  • And more!

 

 


AUTHORS

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.

Committee on Employment Rights and Responsibilities, ABA Section of Labor and Employment Law


CONTENTS

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