Labor & Employment Law

Not a crime to resign an at-will nursing job - 13th amendment

How often do you see the 13th amendment (abolishing slavery and involuntary servitude) applied in an employment case?

Facts: A group of nurses resigned their jobs at the end of their shifts. They claimed their contracts had been breached. They had been working at a nursing home, caring for children on ventilators.

The local District Attorney saw to it that they were indicted for several crimes, including conspiracy in the sixth degree predicated upon their alleged intent to engage in conduct constituting the crimes of endangering the welfare of a child and endangering the welfare of a physically disabled person.

The New York Appellate Division has now decided that prosecuting the nurses would violate the 13th amendment because it would have the effect of forcing them to work. Vinluan v. Doyle (New York App Div 01/13/2009).

My view: Sounds right to me. Please take note that these nurses were not on strike. They simply quit their at-will jobs.

More on the case from Workplace Prof Blog: Prosecuting Strking Workers Violates Thirteenth Amendment.

Full post as published by Ross' Employment Law Blog on January 19, 2009 (boomark / email).