Section 7.10 Courts Find Tortious Interference Justified in Limited Circumstances

• Library: Tort Law 2016

B. (§7.10) Courts Find Tortious Interference Justified in Limited Circumstances

A defendant acts with justification if the defendant is merely exercising the defendant’s rights in an employment relationship. Taylor v. Zoltek Cos., 18 S.W.3d 541 (Mo. App. E.D. 2000). The plaintiff, Taylor, was a vice president for Zoltek. Id. at 543. Taylor was originally promoted by the president, chairman, and CEO (chief executive officer) of Zoltek, Zsolt Rumy. Id. Although Taylor was an employee at will, Taylor and Zoltek entered into a nonqualified stock-option agreement that incorporated a long-term incentive plan. Id. The stock-option agreement also contained clauses that gave Zoltek the right to alter the employment relationship and terminate Taylor’s employment and his ability to take part in the plan. Id. The agreement, however, also stated that Taylor’s award existing at the time Zoltek amended the incentive plan could not be altered except with Taylor’s consent. Id.

After Taylor served as a vice president for two years, he was informed that he was being demoted. Id....