EMPLOYEE DUTIES PART II

As I wrote about earlier, employees have obligations not defined in their employment contracts. Here are two such obligations under Virginia law.

2. TORTIOUS INTERFERENCE OF CONTRACT
3. TORTIOUS INTERFERENCE WITH BUSINESS EXPECTANCY
Under Virginia law, the following elements must exist in a claim of tortious interference with contract/business expectancy: (1) existence of a contract / business expectancy; (2) knowledge of that expectancy; (3) intentional interference; (4) use of improper means or methods to interfere; (5) damages as a result.

If you were to solicit clients, customers or vendors to leave your employer and go work with you, or another company, and the clients did move, you could be held liable for tortious interference of business expectancy. If you intend to terminate an existing contract between two parties, you could be held liable for tortious interference with contract.

You have the right to compete in Virginia, but you do not have the legal right to poach business when you know it is expected elsewhere. General mailings, advertising etc. is acceptable, but intentional interference with the goal to end business elsewhere is not permitted.

Lauren Ellerman

Lauren Ellerman

In 2011, Lauren Ellerman was named "Young Lawyer of the Year" by the Roanoke Bar Association for her work in the community. To speak with Lauren about your personal injury case, contact her at lellerman@frithlawfirm.com.