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Old September 22nd, 2005 #17
Antiochus Epiphanes
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Join Date: Dec 2003
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Posts: 13,175
Antiochus Epiphanes
Default intentional/ negligent interference with business/contractual relationship

"outing" by SPLC or ADL get you fired? Fight back! Sue them for tortious inteference with business and contractual relationships. Be sure and ask for PUNITIVE DAMAGES.

TORTIOUS/WRONGFUL INTERFERENCE (IN BUSINESS RELATIONSHIP) - The theory of the tort or wrong of interference is that the law draws a line beyond which no one may go in intentionally intermeddling with the business affairs of others. So, a systematic effort to induce employees to leave their present employment and take work with another is unlawful when the purpose of such enticement is to cripple or destroy their employer rather than to obtain their skills and services in the legitimate furtherance of one's own business enterprise.

It also becomes unlawful when the inducement is made through the use of untruthful means, or for the purpose of having the employees commit wrongs such as disclosing the former employer's trade secrets.

It is not unlawful or improper, standing alone, to hire away someone else's employee so long as the person doing so wants to use the employee's services in advancing his own business rather than with the intent of destroying the other employer's business. This is true regardless of how much the loss of the employee may inconvenience his former employer. The mere fact that someone's activity has injured another in his business does not mean that the latter may recover because, in a free enterprise system, a businessman has no legal complaint concerning a loss resulting from lawful competition, including competition for the services of skilled employees. If the means of competition are fair, the advantage gained should remain where success has put it.