Can refusing/quitting any job lead to criminal charges?

[BrunoPuntzJones]

The FAA thread on air traffic controllers got me thinking.

Now obviously there are some, like military where if you don't show up for work you'll be in a bit of trouble...

But for the regular civilian population, are there any? Ever happened?

Not negligence in doing your work (like intentionally making planes crash), but lets say you and your ATC co-workers decide to not show up at work one day, or plan a walk out at a particular time.

If you are in an at-will state, are there any criminal ramifications? Or maybe there is something in the contract about having to finish a shift?

Seems like if the head guy called everyone a bunch of pee-pee doo-doo heads you could walk out of the tower with no liability.

 

[ValkyrieofHouston]

Interesting debate, I sort of remember something with the trash companies and trash collectors years ago.. but that involved the Unions. Maybe someone with a legal background can answer this?

 

[EMPshockwave82]

Originally posted by: BrunoPuntzJones
If you are in an at-will state,

there is your answer.


If you are in an at will state of employment you can leave at any time and they can fire you at any time for any reason. No cause needed

 

[KingGheedora]

Weren't MTA workers in NY forced to come to work last year, when they went on strike?

 

[Gunslinger08]

For private sector jobs, you will at most face civil action, if you were under contract. Otherwise, nothing.

 

[KLin]

Originally posted by: EMPshockwave82

Originally posted by: BrunoPuntzJones
If you are in an at-will state,

there is your answer.


If you are in an at will state of employment you can leave at any time and they can fire you at any time for any reason. No cause needed

Unless an employment contract has been signed.

 

[DaveSimmons]

You're mixing together 2 sitiuations, quitting and going on strike. Which do you mean?

If you walk out or go on strike, you hope to keep your seniority, benefits, pension & 401k vesting, etc. you aren't quitting your job.

If you quit your job you voluntarily give up all of that. Then you're subject to any early termination penalties may be in your contract but that's obviously a civil dispute not criminal.

 

[uli2000]

I work in healthcare, and if you quit in the middle of a shift, they can get you for abandonment of care. Im not sure if you could face criminal charges, but you would most certainly get a suspention or revocation of you license.

 

[spidey07]

Originally posted by: KLin

Unless an employment contract has been signed.

Bingo.

Plus there is a federal agency involved. Heck they may even be federal employees. In this circumstance I can see some criminal charges being levied.

Something along the lines of "wanton endangerment" or something. If they all just walked out thousands of lives could be impacted.

 

[Nutdotnet]

Originally posted by: EMPshockwave82

Originally posted by: BrunoPuntzJones
If you are in an at-will state,

there is your answer.


If you are in an at will state of employment you can leave at any time and they can fire you at any time for any reason. No cause needed

If it was only that simple.....

 

[BoomerD]

Other than as mentioned (US Military), there are NO laws that would allow you to be charged criminally for walking off a job or refusing to do your job.

Could you be fired? Absolutely, but even the ATC's pilots, etc have the legal right to walk.
If they choose to strike, the courts (and in some cases, the president) have the authority to order them back to work, but in no case, can either one prevent them from quitting their jobs.

Yes, if there's an employment contract in place, there could be civil charges, but that's MUCH different than criminal charges.

 

[DaveSimmons]

Originally posted by: uli2000
I work in healthcare, and if you quit in the middle of a shift, they can get you for abandonment of care. Im not sure if you could face criminal charges, but you would most certainly get a suspention or revocation of you license.

This seems like the only plausible scenario -- leaving in the middle of a work period (without some medical emergency of your own) when doing so could endanger others or cause damages.

That is different from just not showing up though. It might apply here:

or plan a walk out at a particular time

 

[mugs]

Originally posted by: BrunoPuntzJones
The FAA thread on air traffic controllers got me thinking.

Now obviously there are some, like military where if you don't show up for work you'll be in a bit of trouble...

But for the regular civilian population, are there any? Ever happened?

Not negligence in doing your work (like intentionally making planes crash), but lets say you and your ATC co-workers decide to not show up at work one day, or plan a walk out at a particular time.

If you are in an at-will state, are there any criminal ramifications? Or maybe there is something in the contract about having to finish a shift?

Seems like if the head guy called everyone a bunch of pee-pee doo-doo heads you could walk out of the tower with no liability.

If you were an air traffic controller, and you planned a walkout at a certain time which would leave no one directing the planes, that WOULD be negligent.

It is also illegal for air traffic controllers to strike. Edit: At least it was illegal last time they did it. Some things have changed since then, so it may be legal now.

 

[CptObvious]

I can't think of any criminal sanctions (i.e., jail time), but civil or administrative sanctions could be significant if you work under contract, or have a professional license and walk out on your clients. For example, I really want to get out of my current job at a law firm, and hopefully will be leaving in a month, but I have to give a reasonable notice to the clients/reassign them.

 

[Looney]

Doctors can't just dump a patient. They have to at least continue to treat the patient for 30days so they can find a new doctor (so they can continue receiving meds).

 

[BrunoPuntzJones]

Yes I know the difference between criminal and civil, that's not the question. Strictly criminal charges.

So let's suppose that it is not a planned walk-out, but something simple. I wake up at 8am and call in and say I quit.

If I'm an ATC is there any possible criminal negligence charges?

What if I'm a Dr. doing a heart transplant later in the day?

Is there any point where it is illegal to "not work"?

 

[BoomerD]

NO! Doesn't matter WHAT job you hold, if you want to quit, there is NO LAW preventing you from doing so. This isn't the Soviet Union...

 

[Whisper]

Originally posted by: BrunoPuntzJones
Yes I know the difference between criminal and civil, that's not the question. Strictly criminal charges.

So let's suppose that it is not a planned walk-out, but something simple. I wake up at 8am and call in and say I quit.

If I'm an ATC is there any possible criminal negligence charges?

What if I'm a Dr. doing a heart transplant later in the day?

Is there any point where it is illegal to "not work"?

If you were a surgeon and decided not to show up for a transplant for which you were scheduled, I'd imagine you could lose your license and/or face a malpractice suit unless you found an adequate replacement. But that's just a guess.

 

[IAteYourMother]

yes, historically if your strike would disrupt business/comerce and interstate trade and all that, which it does, then you're fvcked.