March 15, 2023
Insights
Anderson & Shah attorneys Roshan D. Shah and Erin Donegan successfully defended their client, a physician, in the Southern District of New York against a $5 million dollar claim that she wrongfully deserted her employment. In addition, A&S obtained a jury verdict on their client’s counterclaims for unpaid wages and violation of the Trafficking Victims Protection Act (TVPA). The jury awarded A&S’s client economic and emotional distress damages, along with attorney fees.
The case concerned Hemant Patel, M.D., P.C.’s (HPMDPC) allegation that its former employee, Dr. Thejaswi Bandikatla, breached her employment contract by prematurely resigning after approximately 18 months. HPMDPC claimed that the employment contract, a prerequisite to Dr. Bandikatla obtaining the required immigration approvals, including a J-1 Waiver and H1-B Visa, required her to work for HPMDPC for three years. HPMDPC sought $5 million in damages, including lost profits.
Dr. Bandikatla denied that the contract required her to work for HPMDPC for three years. Rather, she argued that the contract incorporated the Immigration & Nationality Act’s (INA) extenuating circumstances exception and she utilized it. Under that exception, an H1-B employee may terminate their employment if they obtain approval from the federal government to transfer their Visa to another employer. In addition, Dr. Bandikatla countersued for: 1) unpaid wages, including monies HPMDPC compelled her to pay in connection with her immigration approvals; 2) violation of the TVPA on the theory that HPMDPC filed suit in an unlawful attempt to coerce Dr. Bandikatla to return to work for it.
On the third day of trial, Judge Rakoff dismissed HPMDPC’s breach of contract claim, finding that Dr. Bandikatla permissibly utilized the extenuating circumstances exception. The following week, the jury returned a verdict in favor of Dr. Bandikatla on her counterclaims and awarded her damages.
The case is captioned Hemant Patel, M.D., P.C. v. Bandikatla, Civil Action No. 18-10227 (JSR), and was tried in federal court in the Southern District of New York
