MacDougall v. Weichert

The entire Court agrees that plaintiff, John W. MacDougall, may not maintain this action for wrongful discharge unless he was an employee of defendant Weichert Co. Realtors (Weichert). Both the Law Division and the Appellate Division ruled that MacDougall was not a Weichert employee. I agree and would affirm solely for that reason. Consequently, I need not reach the provocative issues that divide my colleagues.

I

Following his retirement, MacDougall became a real estate salesman. In 1984 Weichert hired him as a “Sales Associate” in its Chester Borough office. In accordance with N.J.A.C.…