Tuesday, February 26, 2013

Employee's Personal Liability for Tortious Interference

Can a corporate officer be personally liable for tortious interference for his or her acts on behalf of the corporation?

It has long been the law in Texas that "a corporate agent is personally liable for his own fraudulent or tortious acts."  Miller v. Keyser, 90 S.W.3d 712, 717 (Tex. 2002).  If a corporate agent directs or participates in a tort during his employment, he faces personal liability for the tortious act. Leyendecker & Assocs., Inc. v. Wechter, 683 S.W.2d 369, 375 (Tex. 1984).  Therefore, regardless of whether the person performed the tortious acts in his or her capacity as an officer, he or she can still face personal liability for those acts.  See Leyendecker & Assocs., Inc. v. Wechter, 683 S.W.2d 369, 375 (Tex. 1984).

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