A federal court in New York is permitting an employee’s lawsuit to go to trial against her former boss who reached out, contacted her new employer, and got her fired. Under the legal theory of “tortuous interference with her employment contract,” employees can stop aggressive and vindictive former employers from interfering with their new gig and new life. The U.S. District Court in Gentile v. Olan, No. 12-CV-3664 (S.D.N.Y. May 13, 2013), held that a linen saleswoman could sue her former linen boss for getting her fired, after the former boss jumped the gun and accused her of stealing clients, based on a single client mentioning some vague contact with her. Her new boss fired her, rather than deal with the ruckus. This tortuous interference claim can be made when a former employer intentionally and improperly causes their former employee to be fired at her new job. While this claim sounds like it applies to employees with contracts, it protects all employees who work “at will” under a heightened intent standard that examines whether or not the employer acted with malice, or used wrongful means. At-will employees cover the gamut, and include the typical hourly worker. In Maryland, the law is similar. For at-will employees, it is called “tortuous interference with economic relations.” For contractual employees like a teacher on an annual contract, or doctor at a hospital working under contract, it is called “inducing breach of contract.” Prudential Real Estate Affiliates, Inc. v. Long & Foster Real Estate, Inc., 2000 U.S. App. LEXIS 3394, at 9-10 (4th Cir. Mar. 6, 2000); Sirpal v. Fengrong Wang, 2012 U.S. Dist. LEXIS 97145, 7-8 (D. Md. July 11, 2012). Lesson learned: Employees can fight back where a former employer harms them economically on thin facts. In Gentile v. Olan, the employer sent a cease-and-desist letter not just to the employee but to her new boss. This caused her to be fired, and the letter and an alleged underlining non-compete agreement lacked merit.
