Judge Needed to Perform Factors Test in Whistle-blower Case

A motion judge should have considered a specific set of factors to determine whether a plaintiff was an independent contractor or an employee in her suit alleging that a former employer and client committed workers' compensation fraud, a New Jersey appellate court concluded.Case: Zelkina v. Orlioukova, et al., No. A-4506-07T2, 2/23/09, unpublished.Facts:Lidia Zelkina was a partner of First Choice, and signed a consulting agreement with Confident Care Corp. on First Choice's behalf. Although she was an independent contractor under the agreement, Zelkina contended that she was an employe...