Q: I resigned from my job, the same day my employer called my landlord???
The same day I gave notice that I was resigning from my position my ex-boss called my landlord to complain. He sent me a text shortly after threatening to evict if I fall behind on rent since I had, "left the job for no reason." I left to accept a job with higher pay. I didn't reply to the landlord, nor have I had any further contact with my previous employer since she did this. Is this even legal??
A: Very annoying but you probably don't have a viable claim.
Restatement (Second) of Torts, § 766:
One who intentionally and improperly interferes with the performance of a contract . . . between another and a third person by inducing or otherwise causing the third person not to perform the contract, is subject to liability to the other for the pecuniary loss resulting to the other from the failure of the third person to perform the contract.
Oklahoma has adopted this statement of the tort. Wilspec, 2009 OK 12, ¶ 7, 204 P.3d at 71-72.
Presently, Oklahoma recognizes a tortious interference claim with a contractual or business relationship if the plaintiff can prove (1) the interference was with an existing contractual or business right; (2) such interference was malicious and wrongful; (3) the interference was neither justified, privileged nor excusable; and (4) the interference proximately caused damage. Additionally, the claim is viable only if the interferor is not a party to the contract or business relationship.
Keep this in mind if the former employer continues to harass you. Also, you may want to monitor any social media that mentions you.
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