There can be some situations where a former employer tries to interfere with an employee’s future employment prospects. For instance, if an employer tries disclosing rightfully gained facts of an employee, there’s violation of confidentiality terms between the employee and employer.
Even if there’s no confidentiality, an employer can’t disclose any personal facts related to the employee. Such facts may include employee’s financial condition, personal information or medical condition etc. Disclosure of any such information comes under breach of privacy and is punishable under defamation law. This guide will brief you some more details of “what is tortious interference?” and how it occurs in employment opportunities.
When Can an Employee Sue For Tortious Interference in Employment Relations?
As an employee, to prove that you have faced tortious interference, it’s important to prove to the following:
- An employment relationship existed between the former employer and employee.
- The party which caused wrongful interference was some third party. In this situation, this means that the influence on the present employment has been caused by ex-employer.
- The action of third party was intentional and it resulted in affecting the relationship.
- The conduct of third party (usually ex-employer) led to employee’s termination.
- The interference of third party was unjustifiable.
Is “At-Will” Employment Contract Also Eligible for Claim?
Most of the employees have doubt whether an “at-will” employment contract be sued or not. In case, there’s any tortious interference caused by ex-employer, one can certainly file a case. There can be situations where the interference is caused by a co-worker of ex-employer. In such situations, tortious interference can be in following ways:
- Direct termination of employee from job.
- Complaints by co-worker about the employee’s performance or behavior to the management.
- Communicating negative or unfavorable work performance feedback to employer
- Threatening management for resignation until the mentioned employee is terminated from the employment.
In case the interference is caused directly by the ex-employer, it can take following forms:
- Threatening to present employer for terminating the employee.
- Imposing unjustifiable burdens on present employer if she/he is not ready for employee’s termination.
- Creating the situations such that employee becomes undesirable to the management.
- Blackmailing or threatening the employer for not hiring the employee.
When Should an Employee Hire an Attorney in Wrongful Interference?
If you feel that you have been thrown out of your job due to interference of third party, you should definitely hire an attorney. Defamation removal law give right to employees for suing their ex-employers in case any interference is caused by them.
However, while hiring an attorney for your tortious interference case, make sure that the chosen attorney has adequate knowledge and experience in such cases. A professional attorney can help you to identify your rights and fight against injustice.
There are various online websites where you can take online consultation from attorneys. Otherwise, you can take useful references for attorney from your friends or family members.
Hope this guide will give you required details about how tortious interference occurs in employment relationship.