Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
My son is in the Marines and he has heard that President Obama is going to freeze his pay. If this happens, he would like to know if that is a breach of his contract for which he has committed five years of service?
Most likely, a pay freeze by the United States Government would not be considered a breach of contract. When a person receives a regular increase in salary each year, they may believe that they are entitled to that raise. However, unless the contract specifically states that they will receive a raise and states the amount of that raise, the raise is speculative, and cannot be used as grounds for a breach of contract claim. If your son believes his contract specified a regular pay increase, he should speak with an attorney who specializes in military law or employment contract law to determine his next actions.
