Legal Question in Employment Law in New York

Employment Contract

In 2000, I signed a contract with a firm that it would pay for my Master's degree in return for a three-year work commitment. My offer of employment was contingent upon successful entrance into and completion of this employer-structured Master's program. I terminated my employment prior to the expiration of the three-year commitment, with approximately two years remaining on the contract. The remainder of the contract has been valued at $23,333 by the employer, which they have granted me 30 days to repay.

1.) The Master's education was required for employment and was specifically designed by the employer (and a university). What legal grounds does the employer have for enforcing repayment? Are contracts such as these enforceable if the education is tailored for the employer's benefit?

2.) The contract stipulates that the content should be ''governed and construed in accordance with the laws of the state of New York''. However, I have never resided in the state of New York, and the contract was signed and executed in the state of Texas. The employer's headquarters do not reside in New York either. Is there something special about New York fringe benefits laws that would encourage the employer to claim that as the venue?


Asked on 8/05/02, 12:45 pm

3 Answers from Attorneys
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Employment Contract

Suggest you have an experienced Employment Law attorney review the agreement.

If you wish to discuss this with me privately, please call to schedule a consultation: (516) 741-7799. I practice in NYC and Long Island.

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Answered on 8/06/02, 1:46 am
Brendan Chao Brendan Chao - Attorney & Counselor at Law

Re: Employment Contract

Without seeing the contract it sounds like it may be binding on you. The provision in the contract that chooses New York as the venue for litigation is also enforeceable; these clauses are standard in contracts.

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Answered on 8/05/02, 12:51 pm
Roger Evans Mathis & Donheiser

Re: Employment Contract

It is not possible to respond to your question with certainty without seeing the contract in question. However, such a contract can be enforceable under the laws of any state. I know of no particular reason why New York law would be more beneficial to the employer than Texas law, but it is possible that you could seek application of Texas' or another state's laws under a "choice of law" analysis. I would expect in any event that there may be defenses to its enforcement, and encourage you to have the agreement reviewed by a competent employment law attorney.

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Answered on 8/05/02, 12:56 pm


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