3rd Circ. Affirms Energy Co.'s Worker Retaliation Win

Law360 (April 4, 2018, 6:34 PM EDT) -- The Third Circuit declined Wednesday to revive a suit by a former utility machine installer alleging an energy company fired him for reporting that it was overbilling customers and working without certain permits, affirming a jury verdict and court ruling that he was a contractor and not an employee.

A three-judge panel agreed with the jury and a New Jersey federal judge that Mikael Safarian was not American DG Energy Inc.’s employee under federal or state law. The panel signed off on a jury instruction Safarian had challenged and said he was reasonably ruled a contractor under the tests his suit...

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