Legal Question in Military Law in Texas

Re: Military Spouse Employment

Although the Soldiers and Sailors Civil Relief Act is designed to protect soldiers in situations where there are government orders issued to them, I doubt it could be applied here where you are marrying a sailor. The obligation to repay the moving allowance flows from a private contract between you and your employer, and you are breaching that contract. The company has every right to enforce that contract.

If you go in and tell them the situation they may not make you repay the full $2,000. But they are going to want something from you. Since you're going to need a reference when you start looking for employment after you move out to be with your husband, you should consider working this out with the employer so that you can leave on the best terms possible.

Re: Military Spouse Employment

Mr. DeWitt is correct in that the Servicemembers Civil Relief Act (formerly known as Sailors and Soliders Civil Relief Act) is only applicable to active duty military members. The $2,000 moving allowance would be based on the terms of the contract that you agreed to when taking the employment. By going into your employer's office manager and explaining the situation, your employer may waive the $2,000 or allow you to make some types of payments. You may have to pay the $2,000 back as it was a term and condition of employment and you agreed to the terms and conditions. By not working with the company for the 2 years, you would be breaching the contract that you agreed to. Most employers are considerate when it comes to dealing with active duty military personnel and their spouses. You will just have to ask and then see how your employer wants to handle the situation.