Legal Question in Employment Law in New York
I have a complex question. I understand a contract is fully executed when there is a meeting of the minds and both parties sign an agreement coupled with some consideration. My problem is this: I have signed a employment contract about a year ago with a company as a business analyst, consequently they agreed to pay me a base salary and sponsor me for H1B visa. Basically they have not honored any of the terms in the contract. I understand simply that this is a "breach" and that they will have to award me damages for breaching since I have put in a years of my time and effort into the position. I was wondering specifically if there was any other specific law under labor law or employment law this falls under. I guess I am asking besides breach of K what other causes of action does this fall under (in regards to labor and employment law).
1 Answer from Attorneys
From your question posted, it appears that this is nothing more than a breach of contract; as such, you may be entitled to damages; however, you have a duty to mitigate your damages. Damages under a contract a generally limited to money damages. There is no claim under labor and employment laws unless there is some form of illegal discriminatory conduct, such as, race, gender, sexual misconduct, disability, age or under the Family Medical Leave Act.
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