In Foley v. Interactive Data Corp. (1988) 47 Cal.3d 654, Hunter v. Up-Right, Inc. (1993) 6 Cal.4th 1174, and Lazar v. Superior Court (1996) 12 Cal.4th 631, the Supreme Court held that an employee may recover in tort for wrongs associated with employment termination only if (1) the tort claims must be based on conduct other than that giving rise to the employee’s termination, and (2) the damages sought do not result exclusively from the termination itself. Here, a terminated employee sued his employer for defamation. The trial court erred in not granting the employer JNOV on that claim. The employee could not recover damages for defamation when the defamation arose from the same conduct giving rise to his termination and the only result is the loss of his employment. In other words, the employee could not recover damages for wrongful termination by recasting his claim as one for defamation.