Where a plaintiff has alleged wrongful termination in violation of public policy, that count must be dismissed because the plaintiff’s allegation that the defendant employer “is trying to cover up fraud” fails to satisfy Rule 9(b)’s heightened pleading standard.
“Plaintiff Kamran Niazi brought this lawsuit against his employer McKinsey & Company, Inc. United States (McKinsey), alleging wrongful termination in retaliation for ‘blowing the whistle’ and exposing fraudulent activity at McKinsey. …
“The sole count against McKinsey arises under Massachusetts common law, alleging wrongful termination ‘for blowing the whistle on fraudulent information that [McKinsey] was using to deceive its clients and investors.’ … Rule 9(b)’s heightened pleading standard applies to ‘associated claims where the core allegations effectively charge fraud’ and where ‘fraudulent misrepresentation is the lynchpin.’ N. Am. Cath. Educ. Programming Found., Inc. v. Cardinale, 567 F.3d 8, 47 (1st Cir. 2009). Because Niazi alleges fraud by McKinsey as the centerpiece of his termination, the court considers Rule 9(b)’s particularity requirement sua sponte.
“Throughout the Complaint, Niazi points to instances of allegedly altered presentations containing incorrect and manipulated data. However, he does not specifically aver any fraudulent misrepresentations made to any identified clients or investors. At most, Niazi references the inclusion of ‘plausible deniability’ in an internal presentation to ‘...
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