[Sparkletron]

of the United States of America, and you decide you don't like your job, so you tender your resignation, only he refuses to accept it. Do you have to keep working for him?

-S

[ThinkInsane]

I would say no. What's he going to do, give you a beating if you try and leave?

[Rampant Desire]

With these kind of situations, they usually take the offending employee into a secret lab and conduct experiments related to mind control. These experiments will eventually lead to the government's ability to control all of our minds as a mass group. Think Borg, think Big Brother.

-RD

[RonnieoftheRose]

Originally posted by ThinkInsane:
I would say no. What's he going to do, give you a beating if you try and leave?

No, but it would be great if someone gave him a beating...again.

[Rampant Desire]

Originally posted by RonnieoftheRose:
No, but it would be great if someone gave him a beating...again.

Maybe one of those medieval body stretching torture thingers. Oooh.. I'm glad I don't work for the government. People disappear all the time. lol

[vmpaul]

Originally posted by ThinkInsane:
I would say no. What's he going to do, give you a beating if you try and leave?

No, but it would probably trigger an automatic IRS Audit which would be just as bad.

[f1000]

Originally posted by Rampant Desire:
Think Borg, think Big Brother.

Think Blue Suede Shoes:

[KeriVit]

"Let's say you work for the President..."

Let's not.

[OldManMac]

Originally posted by KeriVit:
"Let's say you work for the President..."

Let's not.

[Millennium]

Theoretically yes, I'm afraid you'd probably have to keep working for him. However, it is considered seriously bad etiquette for a President to actually do this without some truly compelling reason, and if there were one then you'd probably already know what it is.

Of course, even if the President refuses to accept your resignation, you could sue for acceptance, under your right to seek a redress of grievances. That would, in turn, likely cause a scandal that few Presidents can afford, and so even threatening to do this would probably get the President to relent, or at least offer you reassignment somewhere more suitable.

Also, if you were to sue for acceptance, you would probably win.

[SimeyTheLimey]

Originally posted by Millennium:
Theoretically yes, I'm afraid you'd probably have to keep working for him. However, it is considered seriously bad etiquette for a President to actually do this without some truly compelling reason, and if there were one then you'd probably already know what it is.

Of course, even if the President refuses to accept your resignation, you could sue for acceptance, under your right to seek a redress of grievances. That would, in turn, likely cause a scandal that few Presidents can afford, and so even threatening to do this would probably get the President to relent, or at least offer you reassignment somewhere more suitable.

Also, if you were to sue for acceptance, you would probably win.

What?

I think the 13th Amendment might have something to say about this:

Section 1.
Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

[lavar78]

"Let's say you work for the President..."

That would make me Dilbert.

[Millennium]

Originally posted by SimeyTheLimey:
What?

I think the 13th Amendment might have something to say about this:

Contracts don't count as involuntary servitude.

[SimeyTheLimey]

Originally posted by Millennium:
Contracts don't count as involuntary servitude.

Sorry, they do. I haven't read them since first year Contracts class, but there are cases that say exactly that. They use the 13th Amendment as grounds for invalidating contractual provisions requiring future personal service as unenforceable. Usually, such provisions are interpreted as allowing only for reasonable notice no matter what the contract purports to say. At worst, the court will allow damages (for example, in entertainment contracts). But no, you can't bind a human being to you with a contract.*

In any case, I doubt that any presidential staffer even has an employment contract. Most people don't and the default is at will employment. Both sides get to terminate at any time.

I guess the exception is the president's military staff. They have a different relationship with the federal government from civilian employees. An enlistment contract is one you really can't break, and of course, the Commander in Chief can send a servicemember anywhere. Even to such a hardship tour as the White House.

I do hope we are speaking hypothetically here. Surely nobody working at that level would be so ignorant of their basic rights!




* Edit: here is the case I was thinking of from my Contracts casebook. American Broadcasting Companies v. Wolf, 420 N.E.2d 363, 401 (N.Y. Ct. App. 1981)

Courts of equity historically have refused to order an individual to perform a contract for personal services (e. g., 4 Pomeroy, Equity Jurisprudence [5th ed.], § 1343, at pp. 943-944; 5A Corbin, Contracts, § 1204; see Haight v. Badgeley, 15 Barb. 499; Willard, Equity Jurisprudence, at pp. 276-279). Originally this rule evolved because of the inherent difficulties courts would encounter in supervising the performance of uniquely personal efforts [FN4] (e. g., 4 *402 Pomeroy, Equity Jurisprudence, § 1343; 5A Corbin, Contracts, § 1204; see, also, De Rivafinoli v. Corsetti, 4 Paige Ch. 264, 270). During the Civil War era, there emerged a more compelling reason for not directing the performance of personal services: the Thirteenth Amendment's prohibition of involuntary servitude. It has been strongly suggested that judicial compulsion of services would violate the express command of that amendment [FN5] (Arthur v. Oakes, 63 F. 310, 317; Stevens, Involuntary Servitude by Injunction, 6 Corn.L.Q. 235; Calamari & Perillo, The Law of Contracts [2d ed.], § 16-5). For practical, policy and constitutional reasons, therefore, courts continue to decline to affirmatively enforce employment contracts.

Hey, I'm pretty impressed I remembered that after 4 years!