Spilman recently secured a dismissal, with prejudice, in a wrongful discharge breach of public policy claim filed under Harless v. First National Bank of Fairmont, 246 S.E.2d 270 (1978) against our client. Through the Motion to Dismiss, our client argued that the plaintiff failed to state a claim against it because only employers can be held liable under Harless, and our client was not Plaintiff's employer. In granting our client's Motion to Dismiss, the Court found that Harless claims are to be construed narrowly, and the Court would not extend liability for Harless claims outside of the employer-employee relationship.

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