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.