context: Thus, liability under section 3730(h) cannot be extended on the basis of a conspiracy; the hallmark of liability under section 3730(h) is an "employment relationship" and for this, the Court must search. See, e.g., Clemes v. Del Norte Cty.
citation_a.signal: no signal
citation_a.parenthetical: finding that plaintiff could not name individuals as defendants in section 3730(h
citation_a.sentence: United School Dist., 1996 WL 331096, *7 n. 6 (N.D.Cal.1996) (finding that plaintiff could not name individuals as defendants in section 3730(h) action because school district, not school officials, were employers); Shapiro v. Sutherland, 835 F.Supp. 836, 837-38 (E.D.Pa.1993) (question of fact existed as to whether plaintiff was employee under common law agency test); Hardin v. DuPont Scandinavia (ARA-JET), 731 F.Supp. 1202, 1205 (S.D.N.Y.1990) (independent contractor failed to state claim under 3730(h)); see also United States ex rel. Lamar v. Burke, 894 F.Supp. 1345, 1347-48 (E.D.Mo.1995) (applying Title VII definition of employer and finding that “employer” as used in section 3730(h) does not extend to corporate supervisors or president of defendant). This approach is faithful to both the language of the statute, the general proposition that remedial statutes be liberally construed, and Congress’ intent that the “definitions of ‘employee’ and ‘employer’ ... be all inclusive.”
citation_b.signal: see also
citation_b.identifier: 894 F.Supp. 1345, 1347-48
citation_b.parenthetical: applying Title VII definition of employer and finding that "employer" as used in section 3730(h
citation_b.sentence: United School Dist., 1996 WL 331096, *7 n. 6 (N.D.Cal.1996) (finding that plaintiff could not name individuals as defendants in section 3730(h) action because school district, not school officials, were employers); Shapiro v. Sutherland, 835 F.Supp. 836, 837-38 (E.D.Pa.1993) (question of fact existed as to whether plaintiff was employee under common law agency test); Hardin v. DuPont Scandinavia (ARA-JET), 731 F.Supp. 1202, 1205 (S.D.N.Y.1990) (independent contractor failed to state claim under 3730(h)); see also United States ex rel. Lamar v. Burke, 894 F.Supp. 1345, 1347-48 (E.D.Mo.1995) (applying Title VII definition of employer and finding that “employer” as used in section 3730(h) does not extend to corporate supervisors or president of defendant). This approach is faithful to both the language of the statute, the general proposition that remedial statutes be liberally construed, and Congress’ intent that the “definitions of ‘employee’ and ‘employer’ ... be all inclusive.”