Quote Originally Posted by pumpkin View Post
This is true, but IMO, the presumption is employment by the state, not a 'contract'. The state can tell its employees what they can and cannot do.

Presumptions are a dangerous thing. They can remain hidden and still control a case. It is best to eliminate any and all possible presumptions that could effect the case. 'No contract' is certainly at the top of the list. Not acting in a representative or within a fiduciary capacity is another. I would also add, not being a debtor. Any of those things could mean equity, and that usually doesn't end well.
Enlistment in the "Land Merchant Marine" by applying ~= contract (terms of enrollment is statute or code). However, if your intent is not to form a contract then there wouldn't be a contract only a presumed one. One can act as a representative without being an accommodation party. Equity isn't necessarily 'bad'. When equity doesn't follow the law, its not equity.