4.4.1 Private Employees

• Jurisdiction: Arizona

In most cases involving an employee's claim of interference against a supervisor, the Courts have based their decisions on whether the supervisor was a first party or a third party to the contract of employment.[fn326] If the supervisor acts within the course and scope of his employment for the benefit of the employer, he is identified with the employer, and there can be no third party interference. If the supervisor acts for his private, personal motives, then he is deemed a third party to the contract of employment, and liability will lie. In most cases involving an interfering supervisor the question of privilege does not arise.

The Court in Wagenseller specifically rejected the adoption of the absolute privilege of a supervisor to cause an employee to be terminated.[fn327] There is nonetheless precedent indicating that a supervisor or another person in authority enjoys a qualified privilege...