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Thread: Tortious Interference? New Hampshire

  1. #1
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    Default Tortious Interference? New Hampshire

    I work with a temporary agency I will call Telly Services, who assigned me to work for at a financial services firm I will call Clincoln Financial Group. The particulars are as follows: I was hired, with 2 others (one of which left shortly after), to complete a data entry job projected to take 3 individuals 6 months to complete. We were 'trained' briefly by a contractor who verbally apprised us of the procedure to transfer data from one set of fields to another. We were to be attending to over 60,000 lines of data and I, for obvious reasons of prudence, made several inquiries as we commenced as to the accuracy and integrity of the work completed so far. I made at least half a dozen inquiries seeking feedback in the event of any anomalies in our work (since there were 3 chefs in this kitchen). I was reassured every time that our work was great, fine, no problems, and proceeded accordingly. We dispatched the task in record time, completing the work in less than 1/3 of what was projected/budget for, saving them, in my estimation, $30-40K. Because of the nature of 'temp' work, I asked if they would retain us for the full 6 months, but was told that our job would end when we completed the input of the project ("Friday," I was told, specifically). Understandably, I sought out work beginning next week when I was told I would no longer be needed. I interviewed for, and was accepted to, a position on the floor above in another department. My temp agency contacted my present supervisor on Tuesday and informed them I would be starting a new assignment. In the meanwhile, as we came to the end of our project, I happened to speak to my colleague about some of the entries we were doing and found that he had been entering them differently from the way I had been. It seemed significant enough for me to contact the individual overseeing the project (another person from yet a different office) and ask if this might be a problem. I was told that there was no real problem, that most of the data was obsolete anyway and that there was nothing to worry about. After lunch today, I arrive to find out that, indeed, our immediate Supervisor feels there IS a problem and that all the anomalous entries must be reconciled (which will take at least another week and conflict with my new position). When my agency contacted this Supervisor to work out the conflict, the Supervisor proceeded to get on the phone to the individual who had interviewed and hired me in the other department (to start on Monday) and inform him that I was responsible for vast errors in the data project that would require additional work to correct, and what other else I don't know, to which he replied that he could not hire someone if they were not accurate and so informed my agency, thereby canceling my agreement to start work Monday.

    I had been informed on June 5, my present assignment would end June 13, or as soon as we completed the work. I interviewed for this new position last Friday, the 13th. The interviewer informed my agency on Monday they wanted me for the position (temp to perm $40,000). My agency informed my immediate present Supervisor on Tuesday, via email, about the situation. All of this blew up today, Thursday. The only reason the company even knows there WAS an anomaly in the input is because I asked about my overseeing supervisor about and informed him of the problem. Had I said nothing, we would have all walked out today, finished, and no one would have known anything for, perhaps, months. As I mentioned, I asked repeated for feedback and confirmation on my progress at the beginning and along the way. The data in conflict involved entries on the VERY FIRST lines I entered and if even ONE line of entry had actually been reviewed this problem would have been spotted. It is clear that, despite being assured by THREE different individuals that all was well, that NO ONE reviewed even ONE line of data entry and I'm going to be made the fall guy for their neglect to do their job despite my scrupulous attempts to verify the integrity of my work and bring the problem to their attention. My reward is to have my performance and integrity trashed to another department that had already committed to hiring me for a significantly long-term remunerative position and now wants nothing to do with me. Is this tortious interference?

  2. #2
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    No. The law generally holds that employers enjoy qualified immunity in discussing employee performance because there is a business need to discuss such performance in terms that employees may not like. While the situation, as you've described it, is certainly unfair, it's not illegal.
    I am not able to respond to private messages. Thanks!

  3. #3
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    Not even close to illegal. You/your group did make mistakes and it requires and entire extra week of work to correct them. If that means you lost out on another opportunity, that is just bad luck.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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