Where a plaintiff brought suit after being fired by the defendant law firm, a motion to dismiss the plaintiff’s complaint should be denied in part, as (1) the factual allegations of the complaint plausibly suggest that the firm terminated the plaintiff without good cause to avoid paying him the commissions he was owed or had “almost earned” under the parties’ agreed-upon compensation structure and (2) the plaintiff’s allegation that he was fired for insisting that the firm follow its ethical requirements is sufficient to state a claim for wrongful termination in violation of public policy.
“Mark Cashman (Cashman or Plaintiff) filed suit against his former employer, Sweeney Merrigan Law, LLP (SML) and two of its Partners, J. Tucker Merrigan (Tucker), and Peter Merrigan (Peter) (together Defendants) alleging Breach of Contract (Count I), Wrongful Termination of Plaintiff’s Employment (Count II), Retaliatory Discharge in Violation of G.L.c. 149 §§148, 148A (Count III), Violation of the Massachusetts Wage Act (Count IV), and Wrongful Termination of Plaintiff in Violation of Public Policy (Count V). …
“In Counts I and II, Cashman alleges that SML fired him without cause for the purpose of depriving him of future commissions. …
“… Specifically, he alleges that two of his cases settled shortly after his termination from SML, and that, at year end, fees SML earned on his cases totaled approximately $715,000. Cashman was fired less than two weeks before the end of the year and,...
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