Tracy is an "at will" employee of Zebra Toy Company. One afternoon she has lunch with a friend who works in marketing for her company's biggest competitor, Tiger Toys. Over a period of about three months, Tiger Toy representatives convince Tracy to work
with them. Tiger offers a larger base salary with bigger commissions than she had with Zebra. When Tracy leaves Zebra, it sues Tiger Toys claiming it intentionally interfered with a contractual relationship. Will Zebra Toy Company be successful?
No. An "at will" employee is free to leave anytime she wishes (just as her employer is free to terminate her employment at any time). A claim for interference with a contractual relationship must involve a "definite" duration contract (e.g., contact for two years) rather than an indefinite duration (e.g., at will employment) contract.
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