Colorado Springs, CO asked in Employment Law and Military Law for Colorado

Q: My employer paid me military pay while I was out on official military orders and are now trying to take pay back.

While I was away on official military orders, my work paid me 100% pay but said that they would take my "military base pay" upon return. However, I never signed anything and they are now expecting a $9,000+ repayment after returning. Is this something they can do if I never signed any agreement?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your situation sounds frustrating. If you never signed an agreement specifying that your employer could take back your military base pay, they may not have the legal right to demand repayment. Employment agreements usually need clear, written consent for such terms to be enforceable.

You should review any documents or emails from your employer that might reference this arrangement. If there's no signed agreement or clear policy that you acknowledged, you could argue that you were unaware of these terms.

Consider discussing this with your HR department to understand their perspective. If they still insist on repayment, consulting with an employment attorney could help clarify your rights and options. Legal advice would provide you with a more precise course of action based on your specific circumstances.

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