12.8.2 Inducing Breach of Employee's Duty of Loyalty.

• Jurisdiction: Arizona

12.8.2 Inducing Breach of Employee’s Duty of Loyalty. A prospective employer may be liable for aiding and abetting an employee’s breach of fiduciary duty in the context of the employee’s departure to a competitor. In Security Title Agency, Inc. v. Pope,¹⁵⁸ the court held that the evidence was sufficient to support a jury finding that a competitor company aided and abetted another company’s branch manager (Pope) in breaching her fiduciary duty of loyalty to her employer, by improperly recruiting Pope’s subordinates for the competitor.

The court first addressed the primary tort committed by Pope, concluding that the evidence was sufficient to support the claim. While still employed by the former employer, Pope recruited other...