Legal Question in Employment Law in Georgia

Breach Of Contract

I joined the GA Army National Guard 12/03 and signed a contract that stated I would receive an $8,000 enlistment bonus. However, the bonus would be broken up into four different parts. The first part to be payed upon my completion of Basic Training and Advanced Individual Training. I completed said training and fulfilled my part of the contract to get the bonus on July 01, 2004. Since that date I have been attempting to get my first bonus payment. I continue to get the run-around, various excuses, told lies about when I will get payed, etc. It is now March 24, 2005. I still have not received my first bonus payment of $2400. I have most recently been told that it was just submitted and I will receive it within 2 weeks. Prior to that on the 15th of this month I was told it had been submitted, to later be told someone inadvertently forgot to put me on the list to be paid. I have had other various pay problems, none as serious. My ideal situation would be to get an Honorable Discharge from the GA Army National Guard due to breach of contract on their part and be paid my bonus. I was just wondering if it is at all possible, what my rights are in this situation, and where I may be able to stand in what I can do. Thank you.


Asked on 3/24/05, 8:24 pm

1 Answer from Attorneys
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Breach Of Contract

I don't think that you can force them to give you an honorable discharge, but I am not an expert on military law. You can, however, sue them for breach of contract for failure to pay your bonus. You can do it yourself in magistrate (small claims) court if you don't ask for more than $15,000.00 in damages.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 3/25/05, 10:52 am


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