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Some of the most often utilized claims in employment litigation are intentional infliction of emotional distress, defamation (libel and slander), tortious interference with employment contracts, invasion of privacy, assault and battery, and negligent hiring, training and retention.
Tortious interference with employment contract occurs where one person intentionally and improperly interferes with the performance of a contract between two other persons by causing one of them to breach the contract. Interference with employment contracts often arises in two different employment contexts: (1) a former employer seeks to enforce a non-competition agreement in a manner that interferes with the employee’s current employment; and (2) a current employer induces a new employee to violate his or her non-competition agreement with the employee’s former employer.
Employees typically bring assault and battery claims against employers in cases of sexual harassment or where there has been some other alleged physical contact between the employee and the employer. An employer may be held liable for the assault and/or battery of an employee who was acting within the line and scope of his employment when he committed the unlawful act.
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Negligence claims can be used to establish an employer’s liability for its retention of a supervisor or other employee who commits unlawful acts against employees, or for its failure to adequately supervise or train an employee. These claims are often used in conjunction with sexual harassment and battery cases involving the “second-time-offender” where the employer knew (often because of previous complaints) or should have known (because of the widespread or open nature of the conduct) that the bad employee was a threat to others.