Weinbaum v. Goldfarb, Whitman & Cohen

Opinion

VOGEL (Miriam A.), J.

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.…