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4.3009 Resignation- Termination without cause.

Cite as [A.S.A.C. § 4.3009 ]

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

(b) If an unforseen 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 ASPA by the American Red Cross or other appropriate agency, the contract specialist may resign and be entitled to the full benefits to which he or she would have been entitled upon normal expiration of the term of service under his or her employment agreement.

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

(d) Upon 30 days' notice to the employee, ASPA may terminate his or her employment agreement at the discretion of ASPA 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 or she would be entitled upon normal expiration of the term of service under his or her agreement.

History: Rule 11-84, eff 19 Dec 84, (part).