4.1008 Resignation-Termination without cause.

Cite as [A.S.A.C. § 4.1008 ]

(a) If the health of the contract specialist or that of any of his dependents, through no fault of his own, becomes so impaired that, in the judgment of the director of health, he should not remain in American Samoa, he may resign and receive the full benefits accorded to a contract specialist whose employment agreement has been satisfactorily fulfilled. The government will not be liable for the return travel of the contract specialist, his dependents, household goods, and personal effects if his physical disability is a direct result of excessive and nonprescribed use of alcohol or harmful drugs.

(b) If an unforeseen personal emergency should arise which requires the immediate presence of the contract specialist outside of American Samoa and such emergency is verified to the satisfaction of the government by the American Red Cross or other appropriate agency, the contract specialist may resign and be entitled to the full benefits to which he would have been entitled upon normal expiration of the term of service under his employment agreement.

(c) Should the contract specialist breach his agreement by resignation from his employment with the government prior to the end of the contracted tenure (or during the first half of his term of service), he shall forfeit all rights to transportation for himself, his dependents, and their personal effects and household goods and shall be obligated to repay to the government such expenses as it may have incurred or paid to him on this account in connection with his term of service. Should the contract specialist's resignation from his obligations to his agreement occur after 1 year's contracted tenure (or during the second half of his term of service), he shall forfeit all rights to transportation tor himself, his dependents, and his and their personal effects and household goods but shall not be obligated to repay to the government such expenses as it may have incurred or p8iti to him on this account in connection with his term of service.

(d) Upon 30 days' notice to the employee, the government may terminate his employment agreement at the discretion of the government without recourse on the part of the employee. In the case of termination of employment as provided in this subsection, the employee shall be entitled to transportation, subsistence, and other benefits to which he would be entitled upon normal expiration of the term of service under his agreement.

History: Rule 10-81, eff 29 Jul 81, § 10.8.