can you have a lawyer when you sign ypur molitary contract

by Dr. Demarco Thompson 10 min read

Do you have to have a contract with a lawyer?

Aug 28, 2019 · When authorized, under the Army Program, you can get a written guarantee in your enlistment contract for your first duty assignment following basic training and job training (of course, there must be open positions for your particular job on the base before the Army will give it to you). This option is only available for certain, hard-to-fill Army Jobs.

What happens if you are forced to sign a contract?

Aug 25, 2021 · If you believe you were forced to sign a contract that was not in your best interests, you may take action to invalidate it. However, it’s considered valid until you prove otherwise. For example, if you’re sued for breaching the contract’s terms, you might argue that you signed it under duress or undue influence. It’s a good idea to work with an attorney if you’re …

Is it possible to be personally liable for a contract?

You should sign a contract if and only if you are happy with the terms as written in the contract. If you struggle with reading or comprehension, or with understanding of legal ideas, it might pay to get someone who is good at these things to go through the contract with you, explaining each term as you go. An employment lawyer can do these things, and identify any terms that look …

Why do I need a written agreement with my attorney?

What happens when you sign a military contract?

When you sign that enlistment contract, you are obligating yourself to the military for a total of eight years. Whatever time is not spent on active duty, or in the active Guard/Reserves (if you enlisted in the Guard/Reserves) must be spent in the inactive reserves.

Can you back out after signing a military contract?

You have signed a legally binding contract obligating you to fulfil the terms of that contract and there are no provisions for early outs, quitting, or abbreviated tours unless the Defense Department decides it is in their best interest to let you go before your original date of retirement or separation.

How can you get out of a military contract?

Here are four types of early outs:Conscientious Objector Discharge.Early Release for Education.Military Hardship Discharges.Convenience of the Government.Military Service Commitments.Nov 22, 2019

Can you negotiate a military contract?

Keep in mind that you can't negotiate enlistment incentives. Military recruiters and the job counselors at MEPS have no authority to decide who gets an incentive and who doesn't.Aug 28, 2019

Can you buy out your military contract?

Discharge by purchase, colloquially called buying oneself out of service, is the obtaining of a military discharge by payment. The purchase price is in effect a fine for leaving military service earlier than the date contracted for when enlisting.

Can you change your mind after MEPS?

If you have NOT been to the Military Entrance Processing Station (MEPS) and have NOT taken an Oath of Enlistment, you are free to quit the process at any time. Just because you arrive at MEPS does not mean you are fully committed with no chance of deciding not to commit after all.

What is the shortest military contract?

Two yearsTwo years is the shortest amount of time a new enlistee can sign up for active duty, however, there is a catch. You actually have an eight-year commitment but you can perform this commitment as an active duty member, a Reservist, or Individual Ready Reservist (IRR).Apr 13, 2020

Can you get kicked out of the military for having too much money?

There's nothing in an enlistment contract that says you have to leave the military if you come into a large sum of money, but there is a clause that allows for service members to request a discharge under "unique circumstances."

What do you get to keep when you leave the military?

0:3910:45Items you keep when you leave the Army - YouTubeYouTubeStart of suggested clipEnd of suggested clipUniform. All that stuff i mean sometimes there's uniforms that you do have to turn in but theMoreUniform. All that stuff i mean sometimes there's uniforms that you do have to turn in but the majority of your uniforms.

Is 20 years in the military worth it?

Many military members stick around for 20 years just to earn retirement benefits. Stay on active duty for as long as it's challenging and fulfilling. But if it becomes too much, consider joining the National Guard or Reserves to continue your military career and earn your retirement benefits.Mar 10, 2022

Can I watch my son swear in at MEPS?

Members of your family are welcome to watch you take the oath. A waiting room is available for them. Your family may take photographs of you with the military officer administering the oath.

What should I ask for in my military contract?

Your job. The enlistment contract should clearly state your job or MOS. ... Education incentives. Depending on your own educational goals, you have several options for education incentives. ... Enlistment bonus. ... Your enlistment period. ... Rank. ... First duty station.

Recruiter Promises Versus Contract Guarantees

No matter what your recruiter promised you, if it's not in the enlistment contract, or in an annex to the contract, it's not a promise. Also, it do...

College Loan Repayment Program

All of the active services, except the Marine Corps and Coast Guard, offer a college loan repayment program (CLRP). The Army Reserves, Navy Reserve...

Guaranteed First Duty Assignment

The Army and the Navy are the only active duty services which can offer a guaranteed first duty assignment. However, since the invasion of Iraq, th...

Other Parts in This Series

1. What the Military Recruiter Never Told You 2. Choosing a Military Service 3. Meeting the Recruiter 4. The Enlistment Process and Job Selection 5...

What happens if you change your mind about joining the military?

If you change your mind about joining the military, you can request to be released from the delayed enlistment process— no matter what your recruiter tells you. Most enlistments into the military are through the delayed enlistment process (DEP). The DEP is a legal, binding contract. By signing the contract, you state that you will report ...

What to do if you don't want to report for active duty?

If you decide that you don't want to report for active duty, you should write a letter to the commander of recruiting in your area. The letter should state that you've decided that you don't want to go on active duty. You should clearly state in the letter that nothing will change your mind.

What happens if you are released from the military?

When you are officially released from your contract, the recruiting command will send you a letter stating you have been given an entry-level separation because you refused to enlist. This will end your association with the U.S. military and isn't considered a dishonorable or an honorable discharge.

Can the military court martial an individual?

And if the individual refused, the military could legally court-martial the individual. In reality, this never happens. Today's military is an all-volunteer force. The services do not need or want individuals who aren't there voluntarily. Unfortunately, recruiters work on quotas.

Recruiter Promises Versus Contract Guarantees

No matter what your recruiter promised you, if it's not in the enlistment contract, or in an annex to the contract, it's not a promise. Also, it doesn't much matter what is in the DEP enlistment contract; if it isn't in your active duty enlistment contract, it's not a promise.

Enlistment Periods

Thought you were enlisting for four years? Think again. It may surprise you to learn that all non-prior service enlistments in the United States Military incur a total eight-year service obligation. When you sign that enlistment contract, you are obligating yourself to the military for a total of eight years.

Enlistment Incentives

All of the services offer programs called "enlistment incentives," which are designed to attract recruits, especially to jobs that are traditionally hard-to-fill. As I said above, each of the below incentives needs to be included on the enlistment contract or an annex to the contract -- otherwise, they are not likely to be valid.

Enlistment Bonus

Probably the best known of all enlistment incentives is the enlistment bonus. Enlistment bonuses are used to try and convince applicants to sign up into jobs that the service needs really bad.

College Fund

All of the services, except the Air Force offer a "college fund." Some of the Services offer "College Funds," for individuals who agree to enlist in hard-to-fill jobs. The amount of money offered in the "college fund" is added to the amount of money you are entitled to with the Montgomery G.I. Bill.

Advanced Enlistment Rank

All of the services offer advanced enlistment rank for recruits with a certain number of college credits, or for participation in other programs, such as Junior ROTC in high school.

College Loan Repayment Program

All of the active services, except the Marine Corps and Coast Guard, offer a college loan repayment program (CLRP). The Army Reserves, Navy Reserves, Army National Guard and Air National Guard also offer a limited college loan repayment program. In a nutshell, the service will repay all, or a part of a college loan, in exchange for your enlistment.

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Can I be forced to sign a contract?

It’s possible that someone could force you to sign a contract, but the real question is whether that contract would be valid. If you feel you have been forced to sign a contract, there are steps you may take to try to prove your case and invalidate the contract.

What does it mean to sign a contract under duress?

Being pressured to sign a contract under duress, also called coercion, means you’re signing it against your will. In extreme cases, a party may threaten physical violence or even death unless you sign. Psychological pressure or lies about what could happen if you don’t sign may also be considered duress.

What is undue influence?

Undue influence with respect to signing a contract is much more subtle than coercion or duress and involves persuasion — similar to how a con artist operates. Courts typically consider the dynamics of the relationship and patterns of behavior when determining undue influence, rather than just one or a few specific actions.

How do I get out of a contract I signed under duress or as a result of undue influence?

If you believe you were forced to sign a contract that was not in your best interests, you may take action to invalidate it. However, it’s considered valid until you prove otherwise. For example, if you’re sued for breaching the contract’s terms, you might argue that you signed it under duress or undue influence.

Make sure your contracts are legit and serve your interests

Regardless of which side you’re on, the best contracts involve an exchange of goods or services that serve all parties’ interests. Being forced (or forcing someone) to sign a contract, whether through duress or undue influence, can cause problems for everyone involved.

Enlistment Contract Options

  • Let's take a standard enlistment contract. While most active duty contracts feature a four-year active duty service requirement, some offer contracts of two, three or six years. The length of service options available to you may depend on the training required for your MOS. Some MOS tr…
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Bonuses, Job Training, Promotions

  • The length of service often gets the most attention in an enlistment contract -- and for good reason. But other terms need to be negotiated as well. Make sure the amount and disbursement of any bonus is clearly spelled out. The same goes with specific guarantees of job training and any promotion to an advanced pay grade. While most enlistees come in at the first pay grade (E …
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Delayed Entry Program

  • Recruiters likely will mention the Delayed Entry Program (DEP). Today, nearly all military recruits sign a delayed-entry contract. By signing this, you promise to report on a specific date (up to a year) in the future. Your term of active-service begins at that time. The DEP helps the armed forces plan their training activities and efficiently distribute new trainees to available "slots." Plus…
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Retracting An Enlistment

  • Although your recruiter might tell you otherwise, it's the Department of Defense's official policy that anyone can request to be released from the DEP. Most DEP discharge requests are approved. In theory, if an applicant fails to show up to ship out to basic training, the military could order the individual to active duty. And if the individual refused, the military could legally court-martialthe i…
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Retracting An Enlistment in The Reserves Or National Guard

  • The Reserves and the National Guard don't have a Delayed Enlistment Program. That means as soon as you take the oath and sign the enlistment contract, you're in the Reserves (or Guard). If you change your mind, the discharge process is entirely out of the hands of the recruiting command. Instead, the process lies in the hands of the commanding officer of the unit to which …
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When to Contact An Attorney

  • Even though most requests to retract an enlistment are approved, you can still run into problems. Unethical recruiters, or those unaware of the law, might try to convince you that your decision can't be revoked. And if you've already reported for active duty, retracting an enlistment can be much more difficult. In these situations, it's a good idea to contact an attorney to discuss your o…
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