The opinion of the court was delivered by: Judge Algenon L. Marbley
This matter comes before the Court on a Motion to Dismiss filed by Defendant Nationwide Credit, Inc. ("NCI") and Defendant Paula Boyer ("Boyer"), (collectively, "Defendants"). For the reasons set forth herein, the Court GRANTS Defendants' Motion to Dismiss.
Because the matter before the Court is Defendants' Motion to Dismiss, the Court will consider the facts in the light most favorable to Plaintiff. McGee v. Simon & Schuster, Inc., 154 F. Supp. 2d 1308, 1310 (S.D. Ohio 2001).
Sometime in late January or early February 2000, Leon Kasperski ("Kasperski"), an executive recruiter employed on behalf of Defendants, contacted Plaintiff Frederick Graessle ("Plaintiff") and informed him that Defendants were interested in interviewing him for a position as Vice President of Sales in Defendants' Healthcare Division. At the time, Plaintiff was the Vice President of Sales and Marketing at OSI/Payco. Plaintiff had worked for OSI/Payco for nineteen years.
Following the initial discussion with Kasperski, Plaintiff spoke with Boyer, the Senior Vice President of the Healthcare Division at NCI, during an evening telephone conference. Plaintiff alleges that, during this conversation, Boyer told him that Defendants were looking for an individual who was trusted in the healthcare accounts-receivable industry; had a great reputation in the healthcare accounts receivable industry; was professional and had stability in healthcare; had a successful sales track record selling both outsourcing and bad debt collection services; and had established contacts in the healthcare accounts receivable-industry. Plaintiff also claims that Boyer expressed a desire for Plaintiff to become part of Defendants' "family."
Kasperski contacted Plaintiff the following day and requested that Plaintiff schedule a follow-up, in-person, interview at Defendants' headquarters in Atlanta, Georgia. Plaintiff traveled to Atlanta in March 2000 where, according to Plaintiff, Boyer stated that she knew Defendants were recruiting Plaintiff away from his nineteen-year career with OSI/Payco. Plaintiff also contends that Defendants represented to him that he would be "made whole" regarding his previous and current employee benefits plans though OSI/Payco, including dental expense reimbursement, and establishing a healthcare plan in Ohio for him. Plaintiff also met with co-CEO Loren Kranz, who conveyed to Plaintiff that the current Healthcare division sales employees needed Plaintiff's guidance and attention.
Plaintiff asserts that, throughout the recruitment process, Defendants repeatedly stated, "I want you to finish your career here at NCI," "Please join our NCI family," and other similar remarks. On April 7, 2000, relying on the statements made to him during the recruitment period, Plaintiff contacted Boyer and accepted the NCI position of Vice President, Sales and Marketing, Healthcare Division. Plaintiff resigned his employment with OSI/Payco on April 10, 2000 and began his employment with Defendants on April 17, 2000.
On September 27, 2002, Plaintiff was terminated from his employment with Defendants.
Plaintiff was told that he was being terminated as part of a ...