Weinbaum

The question in this case is whether an employee discharged in violation of public policy may seek damages on a conspiracy theory from third parties who conspired with his employer to cause the employee’s wrongful termination. Our answer is no, because a third party who is not and never has been the plaintiff’s employer cannot be bootstrapped by conspiracy into tort liability for a wrong he is legally incapable of committing.

Facts

George Weinbaum and Ash Amarshi (collectively Weinbaum), both audit managers, were fired by their employer, Goldfarb, Whitman & Cohen. Weinbaum sued Goldfarb and, in his second amended complaint, added as defendants Republic Factors Corporation and several individuals (Marvin Winkler, Robert F. Driver, James Jenks, and Thomas Hilb) who had guaranteed loans made by Republic Bank and Republic Factors to six of Goldfarb’s corporate clients (collectively, the Republic defendants). In addition to Weinbaum’s garden variety claims against Goldfarb (simple wrongful termination, breach of contract, breach of the implied covenant of good faith and fair dealing, and wrongful termination in violation of public policy), Weinbaum alleged two conspiracy…