Is A Military Pay Freeze Considered A Breach Of Contract?

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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?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

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.



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Author: House Attorney