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OTHER TYPES OF EMPLOYMENT CLAIMS.
- Intentional Interference With Contract – An officer or manager of a corporation may be held liable for a company's breach of contract with its employee if the employee can show the officer or manager acted with malice towards the employee or was motivated by a desire to harass or retaliate against the employee.
- Fraud or misrepresentation.
Elements:
- Defendant made a false representation of a past or present fact;
- Fact was material;
- Defendant made representation knowing it to be false or defendant was aware he or she did not know if it was true or false;
- Defendant made the representation with the intent that the plaintiff would act or decide not to act in reliance on the representation;
- Plaintiff relied on representation;
- Plaintiff's reliance was justified; and
- The reliance caused damage to plaintiff.
- Outrageous Conduct. - To state such a claim, a plaintiff must allege conduct "so outrageous in character, and so extreme in degree, as to be beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community." Plaintiffs rarely win this type of claim in the employment context.
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