The Handling of a Claim for Tortious Interference with an At-Will Employment Contract in the Delaware State Courts versus the Delaware District Court

Delaware Law Review, Vol. 12, p. 121, 2011

15 Pages Posted: 12 May 2011

See all articles by Charles B. Vincent

Charles B. Vincent

Labaton Sucharow LLP; Widener University - Widener University School of Law; Delaware Journal of Corporate Law

Date Written: 2011

Abstract

The law generally protects against interference with contract, but when the contract is one for at-will employment, relief is typically more restricted. Overall, the Delaware state and federal courts have been consistent in their approach to dismissing claims brought by former employees against third parties (such as co-workers, supervisors) for tortious interference with their at-will employment contract. This does not appear true, however, when tortious interference with an at-will contract claims are brought by employers against third-party interferers. This article discusses the relevant cases in the Delaware state and federal courts. While ultimate resolution as to the viability of this claim rests with the Delaware Supreme Court, it should be based on the applicable commentary in the Restatement (Second) of Torts § 766: Delaware law should recognize a claim for tortious interference with an at-will employment contract as a viable cause of action only when it is brought by a former employer against the former employee’s new employer.

Keywords: Tortious Interference, Restatement 766, At-Will Employment

Suggested Citation

Vincent, Charles B., The Handling of a Claim for Tortious Interference with an At-Will Employment Contract in the Delaware State Courts versus the Delaware District Court (2011). Delaware Law Review, Vol. 12, p. 121, 2011, Available at SSRN: https://ssrn.com/abstract=1836924

Charles B. Vincent (Contact Author)

Labaton Sucharow LLP

300 Delaware Ave.
Suite 1225
Wilmington, DE 19801
United States

Widener University - Widener University School of Law ( email )

4601 Concord Pike
P.O. Box 7286
Wilmington, DE 19803
United States

Delaware Journal of Corporate Law

Widener University School of Law
P.O. Box 7286
Wilmington, DE 19803
United States

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