Doughty v. Work Opportunities Unlimited/Leddy Group

JABAR, J.,

with whom ALEXANDER, J., and SILVER, J., join, dissenting.

[¶ 30] I respectfully dissent because Charles Doughty is an employee pursuant to the traditional test, and he is also an employee pursuant to the dual/lent employee doctrine. As presented to us, Doughty’s employment status is the central issue in reviewing the hearing officer’s denial of Doughty’s petition against Poland Spring to remedy discrimination. See 39-*418A M.R.S. § 353 (2010) (“An employee may not be discriminated against by any employer in any way for testifying or asserting any claim under this Act.” (emphasis…