Banko

ORDER DENYING IN PART AND GRANTING IN PART DEFENDANT’S MOTION TO DISMISS

I. INTRODUCTION

This matter arises from the decision by defendant Apple, Inc. (“Apple”) to fire plaintiff Joshua Banko (“Banko”). The complaint asserts five claims for relief. Defendant Apple moves to dismiss all five claims for failure to state a claim upon which relief may be granted. For the following reasons, defendant’s motion to dismiss is granted in part and denied in part, with leave to amend. This matter is suitable for disposition without oral argument pursuant to Civil Local Rule 7 — 1(b).

II. BACKGROUND

Plaintiff Joshua Banko was employed by defendant Apple for 12 years. During this time, Banko worked as an engineer on multiple projects and supervised other engineers. Banko began his employment on an “at-will” basis. During his 12 year career at Apple, Banko received favorable performance reviews, was told he was a valuable employee, and was awarded multiple discretionary bonuses. He did not receive any negative performance reviews and was never put on a performance improvement plan.

In 2012, Banko learned one of the engineers he supervised (“Roe”) had received a $40,000 pay increase and a…