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Employees May Sue for Lost Wages Following New York Breach of Contract


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1/1/2016
Jonathan Cooper
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Under New York contract law, employees who have a claim against their employer for breach of an employment agreement may be entitled to compensation for their lost wages. This may include the salary that was outlined in the contract for the duration of the agreement had it never been terminated. In a recent example, Southern University was sued for breach of contract after terminating its agreement with its former athletic director, Greg LaFleur. The school fired LaFleur after he was arrested and charged with misdemeanor prostitution. LaFleur was later acquitted of the charges. In his lawsuit against the university, LaFleur is seeking damages that include the base salary he would have earned throughout the remainder of the contract.  

Had LaFleur brought a breach of contract claim in New York, he would have had to demonstrate the following to succeed in his action:

  • The employment contract between Southern University and LaFleur was valid and enforceable.
  • LaFleur was not an employee at will.
  • LaFleur fulfilled his obligations as athletic director under the contract.
  • Southern University breached the agreement by terminating LaFleur following his arrest.
  • LaFleur suffered financial damages as a result of his termination.
  • LaFleur was owed his base salary through the duration of his contract. 
  • LaFleur acted diligently to mitigate his damages.

Bringing a New York breach of contract action against an employer such as a major university can seem overwhelming for many employees. Fortunately, an experienced New York breach of contract lawyer can help guide you through the process. Call our office today at (888) 497-3410 for a free consultation. 



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