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Home / Opinion Digests / Labor & Employment / Labor & Employment – Public Employees – Breach of Contract Claim – Sovereign Immunity – Subject Matter Jurisdiction – Exhaustion of Administrative Remedies (access required)

Labor & Employment – Public Employees – Breach of Contract Claim – Sovereign Immunity – Subject Matter Jurisdiction – Exhaustion of Administrative Remedies (access required)

Martinez v. University of North Carolina The complaint alleged that (1) “plaintiff contracted with defendant to receive, upon his return to a full time tenured faculty position, a salary commensurate with salaries paid to other senior tenured faculty members who have retreated from an administrative position” and (2) “defendant breached its contract with plaintiff by failing and refusing to pay plaintiff, upon his return to his full time tenured faculty position, a salary commensurate with comparable salaries of senior faculty….” When viewed as admitted, these allegations state a valid claim for breach of contract. Thus, the trial court erred in dismissing plaintiff’s complaint pursuant to N.C. R. Civ. P. 12(b)(6).

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