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NY Appeals Court Finds Against Institute in Breach of Contract Suit


Posted on Jan 01, 2016

A New York appeals court recently reversed a trial court decision, holding that the Educational Products Information Exchange Institute did in fact breach its contract with a former information technology programmer. The Institute sponsored the programmer for an H-1B work visa. Under the terms of their contract, the Institute was to pay the employee a minimum salary of $46,500 per year. The Institute failed to pay him this compensation, and as a result, he filed a New York breach of contract lawsuit.

In accordance with the contract, the Institute, through a professor at the New York Institute of Technology and a project manager for the Institute, signed the H-1B visa application. The application stated that the man would be a full-time employee from October 1, 2000 through October 1, 2003, and that he would receive the minimum salary required by the US Department of Labor at the time, which was $46,500. The application further stated that the employee would receive tuition benefits to enroll in a master’s degree program in computer science, in addition to other benefits.

The employee filed suit for breach of contract, and a trial court found in favor of the Institute. The appeals court recently reversed that decision. The appeals court held that the employee adequately demonstrated that there was an enforceable written agreement between him and the employer. The court further held that the employee upheld his end of the agreement by working for the Institute for the required period. The Institute breached the contract by failing to pay him the agreed-upon salary.

To learn more about bringing a breach of contract claim, contact an experienced New York business litigation lawyer today. Call our office at (888) 497-3410 for a consultation.

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