CHAPTER I. SERVICE WITH EMPLOYMENT. ARTICLE I. DEFINITION OF EMPLOYMENT. ARTICLE I. DEFINITION OF EMPLOYMENT. SECTION 1965. Employment, what. ment, what. SEC. 1965. The contract of employment is a contract Employby which one, who is called the employer, engages another, who is called the employé, to do something for the benefit of the employer, or of a third person. The scope of this chapter is not confined to servants, but includes factors, brokers, carriers, agents, and all similar classes of persons. N. Y. C. C., Sec. 1004. ARTICLE II. OBLIGATIONS OF THE EMPLOYER. SECTION 1969. When employer must indemnify employé. 1970. When not. 1971. Employer to indemnify for his own negligence. SEC. 1969. An employer must indemnify his employé, except as prescribed in the next section, for all that he necessarily expends or loses in direct consequence of the discharge of his duties as such, or of his obedience to the directions of the employer, even though unlawful, unless the employé, at the time of obeying such directions, believed them to be unlawful. N. Y. C. C., Sec. 1005. SEC. 1970. An employer is not bound to indemnify his when not. employé for losses suffered by the latter in consequence of the ordinary risk of the business in which he is em Employer ployed, nor in consequence of the negligence of another person employed by the same employer in the same general business, unless he has neglected to use ordinary care in the selection of the culpable employé. N. Y. C. C., Sec. 1006. SEC. 1971. An employer must in all cases indemnify for his own his employé for losses caused by [the former's] want of to indemnify for his own negligence. ordinary care. N. Y. C. C., Sec. 1007. NOTE.-"The former's," in brackets, substituted for "his own." Duties of gratuitous employé. Same. ARTICLE III. OBLIGATIONS OF THE EMPLOYÉ. SECTION 1975. Duties of gratuitous employé. 1976. Same. 1977. Same. 1978. Duties of employé for reward. 1979. Duties of employé for his own benefit. 1981. Employé must obey employer. 1982. Employé to conform to usage. 1983. Degree of skill required. 1984. Must use what skill he has. 1985. What belongs to employer. 1986. Duty to account. 1987. Employé not bound to deliver without demand. 1988. Preference to be given to employers. 1989. Responsibility of employé for substitute. 1990. Responsibility for negligence. 1991. Surviving employé. 1992. Confidential employment. SEC. 1975. One who, without consideration, undertakes to do a service for another, is not bound to perform the same, but if he actually enters upon its performance, he must use at least slight care and diligence therein. N. Y. C. C., Sec. 1008. SEC. 1976. One who, by his own special request, induces another to intrust him with the performance of a service, must perform the same fully. In other cases, one who undertakes a gratuitous service may relinquish it at any time. This distinction is recognized by the civil law, but it is not clear that it is admitted by the common law. There is good reason for it, since a volunteer of this kind might seriously mislead one who relied upon him, and who would otherwise have employed some one else for a compensation, and thus have been sure of the service he required. N. Y. C. C., Sec. 1009. SEC. 1977. A gratuitous employé, who accepts a writ. Same. ten power of attorney, must act under it so long as it remains in force, or until he gives notice to his employer that he will not do so. Code La., 2971. This provision is new to the common SEC. 1978. One who, for a good consideration, agrees to serve another, must perform the service, and must use ordinary care and diligence therein, so long as he is thus employed. N. Y. C. C., Sec. 1011. SEC. 1979. One who is employed at his own request to do that which is more for his own advantage than for that of his employer, must use great care and diligence therein to protect the interest of the latter. N. Y. C. C., Sec. 1012. SEC. 1980. A contract to render personal service, other than a contract of apprenticeship, as provided in the chapter on Master and Servant, cannot be enforced against the employé beyond the term of two years from the commencement of service under it, but if the employé voluntarily continues his service under it beyond that time, the contract may be referred to as affording a presumptive measure of the compensation. SEC. 1981 N. Y. C. C., Sec. 1013. must obey An employé must substantially comply Employé with all the directions of his employer concerning the employer. service on which he is engaged, even though contrary to the provisions of this Title, except where such obedience is impossible, or unlawful, or would impose new and unreasonable burdens upon the employé, or in case of an emergency which, according to the best information which the employé can with reasonable diligence obtain, Employé to conform to usage. Degree of skil required. Must use what skill he has. What belongs to employer. Duty to account. the employer did not contemplate, in which he cannot, with reasonable diligence, be consulted, and in which non-compliance is judged by the employé, in good faith, and in the exercise of reasonable discretion, to be absolutely necessary for the protection of the employer's interests. In all such cases, the employé must conform as nearly to the directions of bis employer as may be reasonably practicable, and most for the interest of the latter. N. Y. C. C., Sec. 1014. SEC. 1982. An employé must perform his service in conformity to the usage of the place of performance, unless otherwise directed by his employer, or unless it is imprac ticable, or manifestly injurious to his employer to do so. Story on Agency, Sec. 199; Johnson vs. N. Y. Central R. R., 31 Barb., 196; see Horton vs. Morgan, 19 N. Y., 170. N. Y. C. C., Sec. 1015. SEC. 1983. An employé is bound to exercise a reasonable degree of skill, unless his employer has notice, before employing him, of his want of skill. N. Y. C. C., Sec. 1016. SEC. 1984. An employé is always bound to use such skill as he possesses. Wilson vs. Brett, 11 M. & W., 113. N. Y. C. C., Sec. 1017. SEC. 1985. Everything which an employé acquires by virtue of his employment, except the compensation, if any, which is due to him from his employer, belongs to the latter, whether acquired lawfully or unlawfully, or during or after the expiration of the term of his employment. Code La., 2974; see Tenant vs. Elliott, 1 Bos. & P., 3; SEC. 1986. An employé must, on demand, render to his employer just accounts of all his transactions in the course of his service, as often as may be reasonable, and must, without demand, give prompt notice to his employer of everything which he receives for his account. Story on Agency, Sec. 203; Collyer vs. Dudley, Turn. & Russ., 421; by Duer, J., Heubach vs. Mollmann, 2 Duer, 227, 252; see Edmondstone vs. Hartshorne, 19 N. Y., 9. N. Y. C. C., Sec. 1019. SEC. 1987. An employé who receives anything on account of his employer, in any capacity other than that of a mere servant, is not bound to deliver it to him until demanded, and is not at liberty to send it to him from a distance, without demand, in any mode involving greater risk than its retention by the employé himself. N. Y. C. C., Sec. 1020. SEC. 1988. An employé who has any business to transact on his own account, similar to that intrusted to him by his employer, must always give the latter the preference. If intrusted with similar affairs by different. employers, he must give them preference according to their relative urgency, or, other things being equal, according to the order in which they were committed to him. There is no direct authority for these provisions, but they are required by sound principle. N. Y. C. C., Sec. 1021. SEC. 1989. An employé, who is expressly authorized to employ a substitute, is liable to his principal only for want of ordinary care in his selection. The substitute is directly responsible to the principal. N. Y. C. C., Sec. 1022. ity for SEC. 1990. An employé, who is guilty of a culpable Responsibil degree of negligence, is liable to his employer for the negligence. damage thereby caused to the latter; and the employer is liable to him, if the service is not gratuitous, for the value of such services only as are properly rendered. N. Y. C. C., Sec. 1023. employé. SEC. 1991. Where service is to be rendered by two or Surviving more persons jointly, and one of them dies, the survivor must act alone, if the service to be rendered is such as he can rightly perform without the aid of the deceased person, but not otherwise. SEC. 1992. N. Y. C. C., Sec. 1024. The obligations peculiar to confidential Confidential employments are defined in the Title on Trusts. N. Y. C. C., Sec. 1025. employment |