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Nope, the military makes you sign a contract......That you saying you WILL complete your contract....
If I was an employer, and I needed people to be there for SO (insert how ever many years/months/days long) and I put that into a contract that stated that.....AND that if you quit....you will go to jail for BREACH of contract.....I would run that through my legal office and whatever/whoever's legal office to ensure to ensure that it was legal...no matter what....
The military is not exempt from anything....we are held to a much stricter standard.....
I'm sorry that you cannot figure it out...
So, once again...you evade the truth, and dance to the next topic....but guess what....you cannot win....the military is not civilian organization.
Why will you not answer my rebuttal to your OSHA comment...........because your wrong.........
You won't give a reason "why" a contract that is so specific would not hold up in court......that is your opinion....Please back it up........with something besides "I said."
A reasonable person would see that not only does the military obey every civilian law....but must also obey the military laws....
I have proven this to you, but you refuse to listen....I once again have proved you wrong on the OSHA and numerous other things....
Whats next....dance away........
I think the part marmac is having a hard time with is the jail thing. In *reality* if someone signed a 1 year contract with McDonalds, and it said they would go to jail if they quit, and they quit, no judge would proabably *actually* throw that person into jail. Jails are run by the cities, counties, states, and feds.... the person who writes the contract can not actually sentence anyone to jail. There is no violation of a law, other than contract laws, but violating a contract is not really punishable, in general, by jail. There could be extenuating circumstances, like if I violated some contract and it resulted in someone's death, ect. But generally... no...
For example, if I created a contract between my husband and I, that if he cheated, he would go to jail... I can't actually enforce that. I don't have any authority over any jail or judge to actually make enforcement happen.
The DIFFERENCE is that there is AN ACTUAL LAW that is enforceable, that if you go "AWOL" you can be jailed. That is an actual law, passed by congress.
FYI. There is not a single solitary word anywhere in a military contract that says you will go to jail if you quit, go AWOL, ect. Not a single sentence, paragraph, clause, or otherwise. I read these contracts all the time, not one word. There doesn't need to be... because there is an actual LAW that states those things!
But seriously you guys... you don't actually work 24/7. Let's be real about this. That is just ridiculous. No one works 24/7. Yes, you can be called in...it's like being a salaried restaurant manager being called in if the stove dies or something. No one actually works those kind of hours.
When you're deployed in a war zone every other year...something those restaurant managers don't do...you're putting in 18 hour days, 7 days a week. And oh by the way, I put in plenty of 24 hour days...
And even when you're off, you aren't at home with your loved ones...and all that before anyone is even shooting at you.
I'm sorry, where is the law or statue that prevents people being held in jail for quitting jobs? There is no such law that forbids that. There just aren't laws that allow it. But there is a law that allows it for the military. This doesn't break a law. I challenge you to tell me what law that breaks?
If congress passed a law that any other company could jail quitters, it would also be legal. There are not laws about this in either circumstance... except that there are laws about being AWOL.
Again... what law, please cite it, does this break?
Then I said.....
Quote:
Originally Posted by chucksnee
There are no laws.....
There are contracts between the Soldier and the Government that states this is what will happen, if you do not show up for work. This is in a contract that you have SIGNED UP FOR AND AGREED TO!!!!
If I hire someone (for a civillian business) and in that contract it states: "If you do not show up for work, I have the option to put you in jail for failure to complete your job." If that person signs it, the he is obligated to it....it is a signed contract right?
Thats what the miltiary has done, the Soldiers who sigend the contract have agreed to this....
Why is it so hard to understand.....
It's all in the contract that is signed....
Again, just like in Alabama, when you sign a contract to work for a civilian company, one of the first things you sign is a form that says (Alabama is a state that does not have to give you a reason for being released from that job or a time limit) you can be let go without notice.....Guess what, if yuo sign thatm, then you are bound by it? Yes or No?
Then you said....
Quote:
Originally Posted by dmarie123
Actually- there are laws. UCMJ is a federal law enacted by congress in 1950. Articles 85, 86 and 87 are the laws that cover being jailed for desertion, AWOL, and missing movements.
You see... there is indeed A LAW enacted by CONGRESS that allows people to be jailed for these things.
It is not breaking the law to jail someone for these things, it is ENFORCING AN ACTUAL BONA FIDE FEDERAL LAW!
O.K. you have contraindicated yourself....in the same thread.....
So UCMJ lays must be obeyed by civilians?
Holy crap.....I need another drink.................
O.K. you have contraindicated yourself....in the same thread.....
So UCMJ lays must be obeyed by civilians?
Holy crap.....I need another drink.................
I said that there are no laws AGAINST holding people in jail for being AWOL. The OP said that the military doesn't have to follow laws. I said there is not a single law that they are breaking. There is not a law AGAINST holding people in jail for being AWOL- so therefore no law is being broken when people are held in jail.
Then I said there is a law allowing them to be held in jail for being AWOL.
O.K. you have contraindicated yourself....in the same thread.....
So UCMJ lays must be obeyed by civilians?
Holy crap.....I need another drink.................
And why would the UCMJ have to be obeyed by civilians? It is specifically written for military members. It doesn't have to be obeyed by civilians... what is your point?
Are you arguing that it is not a law because civilians don't have to abide by it? That's like saying welfare isn't actually a federal program because rich people don't qualify. The law is specifically written for military members. Google it if you don't actually believe it is a law passed by congress.
A comprehensive federal statute enacted by Congress in May 1950 to establish procedures, policies, and penalties for the military justice system. U.S. Secretary of Defense James V. Forrestal led a committee to create the code after the unification of the armed forces under the Department of Defense.
And why would the UCMJ have to be obeyed by civilians? It is specifically written for military members. It doesn't have to be obeyed by civilians...
Article 2 of the UCMJ at one time applied to civilians in combat areas during periods of war declared by Congress, persons serving with or accompanying an armed force, about 3 years ago the UCMJ was ammended to include civilian employees of the Department of Defense, defense contractors. "civilian contractor". Military Extraterritorial Jurisdiction Act of 2000 "To amend title 18, United States Code, to establish Federal jurisdiction over offenses committed outside the United States by persons employed by or accompanying the Armed Forces, or by members of the Armed Forces who are released or separated from active duty prior to being identified and prosecuted for the commission of such offenses, and for other purposes.
As a caviot- being in the Peace Corps can disqualify you from many military jobs. I have no idea why, but thought I'd mention it since this is a military forum. Many of our jobs specifically state, "Must never have served in the Peace Corps"
From memory, when President Kennedy established the Peace Corps he wanted to insure that the world knew it would not be used for intelligence collection. So, those individuals who were involved with intelligence collection could never enter the Peace Corps and visa versa...
Article 2 of the UCMJ at one time applied to civilians in combat areas during periods of war declared by Congress, persons serving with or accompanying an armed force, about 3 years ago the UCMJ was ammended to include civilian employees of the Department of Defense, defense contractors. "civilian contractor". Military Extraterritorial Jurisdiction Act of 2000 "To amend title 18, United States Code, to establish Federal jurisdiction over offenses committed outside the United States by persons employed by or accompanying the Armed Forces, or by members of the Armed Forces who are released or separated from active duty prior to being identified and prosecuted for the commission of such offenses, and for other purposes.
One example:
You might also research "military tribunal"..
Rich
That makes sense... but it doesn't just apply to any random Joe-blow civilian off the street
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