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Physician Owner Not a Whistleblower

Posted by Frank Steinberg | Jul 11, 2006 | 0 Comments

The Newark Star Ledger reports this morning that the New Jersey Supreme Court has dismissed the whistleblower complaint of a Hunterdon County physician. Dr. Ruth Feldman, who was one of five or six shareholders in Hunterdon Radiological Associates, left the medical practice in 2001. Feldman had repeatedly questioned the work done by one of her partners, which she apparently considered to be professionally substandard, and had recommended “strong action” against her. Feldman's partners disagreed. According to the complaint, after she complained, a hostile work environment arose.

A unanimous Supreme Court held that as a shareholder with a voice in the practice's decision-making process, Feldman was not an “employee” for purposes of CEPA. She therefore was found ineligible to sue under the whistleblower statute.

We'll have more on this once we have seen the court's opinion.

About the Author

Frank Steinberg

Frank is the founder and principal of Steinberg Law, LLC. A Jersey boy born and bred, he focuses on employment litigation and counseling, business litigation,  and aviation law. Following law school and a clerkship in the federal district court Frank spent his early career with large litigation ...

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