Practice point: An at-will employee has a cause of action alleging tortious interference with employment on a showing that the defendant utilized wrongful means to effect the employee’s termination.
Practitioners should note that plaintiff must show: (1) the existence of a business relationship between the plaintiff and a third party; (2) defendant’s interference with that business relationship; (3) that the defendants acted with the sole purpose of harming plaintiff or used dishonest, unfair, improper or illegal means that amounted to a crime or an independent tort; and (4) that such acts resulted in the injury to plaintiff's relationship with the third party.
Case: McHenry v. Lawrence, NY Slip Op 07234 (2d Dept. 2009)
The opinion is here.
Tomorrow’s issue: Municipalities Law.
