Webb v. Frawley

Dist. Ct. did not err in granting defendant-supervisor’s motion to dismiss for failure to state valid claim plaintiff-subordinate’s action alleging that defendant tortiously interfered with plaintiff’s at-will employment contract with parties’ employer, which resulted in plaintiff’s termination. Plaintiff failed to allege that defendant intended to cause breach of plaintiff’s employment contract, and nothing in complaint alleged that defendant was involved in decision to terminate plaintiff or was active participant in said decision-making process. Fact that defendant had reported plaintiff’s poor job performance to management and that plaintiff’s termination followed said report was insufficient to state claim for tortious interference. Plaintiff further failed to properly plead claim for fraud under Rule 9(b), even though plaintiff claimed that defendant directed him to work on cancelled project, and that defendant had failed to tell plaintiff that management had cancelled said project. Instant complaint failed to contain sufficiently detailed theory of fraud and further failed to explain how defendant would accomplish goals of protecting his job and commercial reputation by directing plaintiff to work on cancelled project.