Tortious Interference: Protecting Your Business Interests
In a competitive market, fair competition is expected. However, when a third party intentionally and improperly disrupts your business dealings, it crosses the line from competition to "Tortious Interference."
When your business is targeted, the consequences can be devastating—lost revenue, damaged reputations, and broken trust. Understanding the different types of interference claims recognized under Ohio law is the first step toward protecting your interests.
1. Tortious Interference with Business Relationships
This claim addresses the disruption of existing, non-contractual business relationships. You don't always need a signed contract to have a protectable interest. If you have an established pattern of business with a client or supplier, and a third party improperly intervenes to end that relationship, you may have a claim.
Key Elements:
● A business relationship.
● The interferer's knowledge of that relationship.
● Intentional and improper acts to disrupt the relationship.
● Lack of privilege or justification.
● Financial damages resulting from the loss.
A & B-Abell Elevator Co. v. Columbus/Cent. Ohio Bldg. & Constr. Trades Council, 73 Ohio St.3d 1 (1995).
2. Tortious Interference with Contracts
This occurs when a third party intentionally causes a breach of a valid, existing contract between you and another party. This often happens when a competitor convinces a client to break their agreement with you to sign with them instead.
Key Elements:
● A valid, enforceable contract.
● The interferer's knowledge of that contract.
● Intentional procurement of a breach of that contract.
● Lack of justification or privilege for the interference.
● Proven damages.
Kenty v. Transamerica Premium Ins. Co., 72 Ohio St.3d 415 (1995).
3. Tortious Interference with Employment Relationships
Your team is your most valuable asset. This type of interference occurs when a third party improperly disrupts the relationship between an employer and an employee. This might involve "poaching" key staff through deceptive means or an outside party pressuring an employer to fire a specific individual without a legitimate reason. Ohio courts recognize this as a subset of interference with business relationships.
Key Elements:
● An existing employment relationship (including at-will).
● A third party's intentional and malicious interference.
● A resulting termination or significant disruption of the employment.
● Economic harm to the business or the individual.
Dryden v. Cincinnati Bell Tel., 135 Ohio App. 3d 394 (1st Dist. 1999).
4. Tortious Interference with Prospective Advantage
Also known as "interference with prospective economic advantage," this claim looks toward the future. It protects business opportunities that haven't yet been finalized into a contract but have a "reasonable expectation" of coming to fruition. If a third party uses "improper means"—such as fraud, threats, or defamation—to kill a deal you were about to close, they may be liable.
Key Elements:
● A reasonable expectation of a future business deal or economic gain.
● The interferer's knowledge of this potential opportunity.
● Intentional and improper conduct (more than just standard competition).
● Proof that the deal would have likely closed "but-for" the interference.
Fred Siegel Co., L.P.A. v. Arter & Hadden, 85 Ohio St.3d 171 (1999).
Righting Wrongs and Protecting Futures
At Braden Blumenstiel Legal Advocates Group, LLC, we understand that your business is your life's work. When competitors or third parties play dirty, they aren't just winning—they are committing a legal wrong that deserves to be corrected.
Whether you are a small business owner whose contracts have been sabotaged or an individual whose career path was improperly derailed, we are here to advocate for you. We specialize in holding wrongdoers accountable and ensuring your business's future is protected.
Don't let improper interference undermine your success. Contact us at 614-508-1677 or 1-888-343-9796 or fill out our online form today. Let us be the dedicated advocates you need to protect your future.
Righting Wrongs and Protecting Futures
