Legal Question in Civil Litigation in New York

A professional society for scientists has for many years offered a certification program. The first level of certification is granted after the applicant meets specific educational requirements. That certification is valid only for 10 years. The second level - full certification - is granted after the applicant meets both educational and professional experience requirements. Full certification has been without expiration. Certification was available to qualified applicants without regard to membership in the professional society, though members had reduced application fees. I received full certification in 1998. Recently, I was advised that henceforth, certification would be rescinded for anyone who is not a current member of the society. My feeling is that this constitutes a breach of the original contract, and they cannot now unilaterally condition or threaten to withdraw something that was granted without condition 12 years ago. Certification provides professional advantages. Please advise if what they are doing is legal.


Asked on 1/26/10, 7:01 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

I would need to read the bylaws for the society before rendering a decision. However, if the bylaws authorize its members or board of directors to address this issue, and either its members or board of directors vote and approve the change, then I do not see how it is a breach of contract.

Mike.

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Answered on 2/01/10, 5:07 am


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