From the 'Lectric Law Library's Lexicon
|The right to vote, or equal civil rights, may be good demands, but true emancipation begins neither at the polls nor in the courts. It begins in woman's soul. History tells us that every oppressed class gained true liberation from its masters through its own efforts. It is necessary that woman learn that lesson, that she realize that her freedom will reach as far as her power to achieve her freedom reaches. It is, therefore, far more important for her to begin with inner regeneration, to cut loose from the weight of prejudices, traditions, and customs. - Emma Goldman, The Tragedy of Woman's Emancipation|
The theory of the tort or wrong of interference is that the law draws a line beyond which no one may go in intentionally intermeddling with the business affairs of others. So, a systematic effort to induce employees to leave their present employment and take work with another is unlawful when the purpose of such enticement is to cripple or destroy their employer rather than to obtain their skills and services in the legitimate furtherance of one's own business enterprise.
It also becomes unlawful when the inducement is made through the use of untruthful means, or for the purpose of having the employees commit wrongs such as disclosing the former employer's trade secrets.
It is not unlawful or improper, standing alone, to hire away someone else's employee so long as the person doing so wants to use the employee's services in advancing his own business rather than with the intent of destroying the other employer's business. This is true regardless of how much the loss of the employee may inconvenience his former employer. The mere fact that someone's activity has injured another in his business does not mean that the latter may recover because, in a free enterprise system, a businessman has no legal complaint concerning a loss resulting from lawful competition, including competition for the services of skilled employees. If the means of competition are fair, the advantage gained should remain where success has put it.