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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:
Claims for Interference Involving the Restrictive Covenant Itself:
Law Review Articles/Other Publications
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