Tortious Interference & Employment Contracts

I. Tortious Interference with Contract

Tortious interference may occur in a few different contexts, but most commonly they are done in either interference with contract, meaning already existing business relations, prospective business relations, or existing economic relations. In New York, the standard test for finding if a defendant has committed tortious interference with contract is: "(1) the existence of a valid contract between plaintiff and a third party; (2) the defendant's knowledge of that contract; (3) the defendant's intentional procuring of the breach, and (4) damages."¹

While tortious interference with contract is commonly used in the employment law context, they generally only apply when employees have guaranteed contracts subject to only being terminated for cause.² If there are any relevant restrictive covenants which prevent such jumping from employer to employer, then it may possible to bring forward a claim for tortious interference with