Tortious Interference with Business Relations in New Hampshire: What Employees Need to Know
Most New Hampshire employees know the basics of at-will employment: either side can end the relationship for almost any reason. What many do not realize is that a third party—often a former employer—can face liability, and a lawsuit, if it improperly interferes with a former employees' new job or business opportunity. This is called tortious interference with contractual or prospective economic relations. Understanding it can help you protect a new position and know when to seek advice.
What the Claim Means in New Hampshire
Under New Hampshire law, a plaintiff must generally prove four elements:
- You had an economic relationship with a third party (for example, a job offer or existing employment).
- The defendant knew about that relationship.
- The defendant intentionally and improperly interfered with it.
- You suffered damages as a result.
Warning Signs Employees Should Watch For
Be alert if any of the following occur shortly after you leave one employer and start (or accept) another role:
- Your new employer suddenly reverses a written offer or terminates you within days of starting.
- The new employer's explanation references your former company (“based on [former employer]'s position” or similar language).
- You learn that someone from your old company contacted the new one about you.
- The former employer has a significant ongoing business relationship with the new company and appears to have used that leverage.
- The timing coincides with a bonus, commission, or other financial issue at the old job.
- You have documentation showing the former employer's stated reason is inaccurate or incomplete.
Practical Steps If You Suspect Interference
- Save everything. Keep the offer letter, acceptance email, termination notice, text messages, and any notes about conversations. Do not rely on memory.
- Ask (politely) for the reason. A written request to the new employer for the basis of the decision can sometimes produce useful information.
- Document your job search. You have a duty to mitigate damages by looking for comparable work. Keep records of applications and interviews.
- Do not confront the former employer yourself in an emotional or accusatory way. That can create new problems.
- Consult an attorney promptly. These claims are fact-specific. An early review of the documents and timeline helps preserve evidence and evaluate whether the interference was truly “improper.”
In an at-will state like New Hampshire, many people assume they have no recourse when a new opportunity disappears. That is not always true. When a former employer steps outside legitimate reference activity and uses improper means to damage a new relationship, the law provides a potential remedy. Knowing the basics lets you recognize problems early, preserve evidence, and make informed decisions instead of simply walking away.
Disclaimer: This article is for general educational purposes only and is not legal advice. Every situation is different. If you believe you have been harmed by interference with a job or business opportunity in New Hampshire, contact a licensed attorney to discuss your specific facts.
contact Joseph Kelly Levasseur at 603-622-7575 for a free phone consultation
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