Massachusetts courts have permitted a tortious interference claim against a supervisor or company official who interferes with a plaintiff's employment relationship, when the interference was motivated by actual malice unrelated to the employer's legitimate business interest (O'Brien v. New Eng. Tel. & Tel.
Proving tortious interference in court is complicated. It is a complex legal issue that requires a great deal of evidence. Your best recourse is to have a business attorney who specializes in tort and contract law.
Tortious interference with a contractual business relationship. This occurs when someone improperly induces someone else to breach a contract between you and a third party. This could be an employment contract, a legally binding agreement between an employer and their employee that states the conditions of employment.
The requisite elements of tortious interference with contract claim are: (1) the existence of a valid and enforceable contract between plaintiff and another; (2) defendant's awareness of the contractual relationship; (3) defendant's intentional and unjustified inducement of a breach of the contract; (4) a subsequent ...
Interference with Employment typically occurs when an employee is seeking future employment and the former employer gives a negative reference or acts in some other way purposefully designed to interfere with the employee's reasonable expectation of employment.
As an example, someone could use blackmail to induce a contractor into breaking a contract; they could threaten a supplier to prevent them from supplying goods or services to another party; or they could obstruct someone's ability to honor a contract with a client by deliberately refusing to deliver necessary goods.
To recover damages for inducing breach of contract in California, the plaintiff must prove that: The plaintiff was in a valid contractual relationship with a third party; The defendant knew of the existing contract; The defendant intended to induce the third party to breach the contract with the plaintiff;
The requisite elements of tortious interference with contract claim are: (1) the existence of a valid and enforceable contract between plaintiff and another; (2) defendant's awareness of the contractual relationship; (3) defendant's intentional and unjustified inducement of a breach of the contract; (4) a subsequent ...
Key Elements of a Wrongful Interference Claim Intentional Interference: The defendant's actions must have been deliberate and purposeful, not accidental or negligent. Wrongful Conduct: The interference must involve improper conduct, such as fraud, defamation, coercion, or unfair tactics.
For example, a former employer may give a false and damaging reference to an employee's prospective new employer resulting in the new employer deciding not to hire the employee. Or an employee's supervisor may give the employee a false and negative performance evaluation in order to get the employee fired.