Mulder v. Donaldson, Lufkin & Jenrette

In Mulder v. Donaldson, Lufkin & Jenrette (208 AD2d 301, 305 [1st Dept 1995]), the Court overturned a lower court decision which held that the Wieder exception "should be extended to security dealers and 'most probably, to any licensed business or profession whose continued practice is subject to compliance with laws or regulations governing the conduct of such business or profession.' " There the plaintiff, a brokerage house auditor, alleged he was discharged because he reported that certain operating rules were not being followed. In dismissing, the Court observed that in Wieder v. Skala the Court of Appeals "expressly distinguished its facts from situations which were very similar to plaintiff's employment circumstances with the defendant brokerage" (Mulder v. Donaldson, Lufkin & Jenrette, at 306).