Legal Question in Employment Law in Massachusetts

As a military reservist living and working in Massachusetts, my spouse's union contract allows for payment of the difference in pay between his regular job and the pay he receives when he is on orders from the military. He was requested to go on active duty in anticipation of a larger activation. He initially received a set of orders indicating "voluntary" active duty for a period of approx. 2 months and then recieved another set of orders indicating "involuntary" active duty for an additional 6 month period. While the contract does not make a distinction between voluntary and involuntary active duty, his employer is now requesting repayment of the difference they paid him for the initial "voluntary" activation. The employer has previously paid for "voluntary" activation periods but is now stating that they were unaware of that. If the contract does not specify between the two types of activation, can they do so now?
They are also demanding repayment of over $5000 within 30-days.
Thank you for any assistance you can give, my husband is still overseas and this is very stressful to deal with.

Asked on 8/04/10, 4:52 pm

William Harrington Law Office of William T. Harrington

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That Does not seem right. Please call me tomorrow morning after 10 if you want to discuss. 617-426-7400.

Answered on 8/09/10, 5:28 pm

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