a volunteer of this kind might seriously mislead one S1010. A gratuitous employee, who accepts a writ- · 1a. Code La., 2971. This provision is new to the common S1011. 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. Story on Bailm., §§ 398, 399, 429, 442. Ordinary care S1012. 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. S1013. A contract to render personal service, other than a contract of apprenticeship under sections 140, 143, or 149, cannot be enforced against the employee beyond the term of two years from the commencement of service under it, but if the employee voluntarily continues his service under it beyond that time, the contract may be referred to as affording a presumptive measure of the compensation. This section is new. Duties of for reward. employee Duties of for his own employee benefit. Contracts limited to for service two years. must obey S1014. An employee must substantially' comply Employee with all the directions of his employer concerning employer. the service on which he is engaged, even though contrary to the provisions of this Title, except where such obedience is impossible3, or unlawful, or would impose new and unreasonable burdens upon the employee, or in case of an emergency which, according to the best information which the employee can with reasonable diligence obtain, the employer did not contemplate, in which he cannot, with reasonable diligence, be consulted, and in which non-compliance is judged by the employee, 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 employee must conform as nearly to the directions of his employer as may be reasonably practicable, and most for the interest of the latter.5 4 4 'Substantial and not literal obedience, is required (Johnson v. N. Y. Central R. R., 31 Barb., 196; Parkhill v. Imlay, 15 Wend., 431). Evans v. Root, 7 N. Y., 186; Blot v. Boiceau, 3 id., 78; Bruce v. Davenport, 36 Barb., 349; Bell v. Palmer, 6 Cow., 128; Wilson v. Wilson, 26 Penn. St., 394; see Johnson v. N. Y. Central R. R., 31 Barb., 196; Ackley v. Kellogg, 8 Cow., 223; Turner v. Mason, 14 M. & W., 112; Amor v. Fearon, 9 Ad. & El., 548. Johnson v. N. Y. Central R. R., 31 Barb., 196; Drnmmond v. Wood, 2 Cai., 310. Ib.; Story on Agency, §§ 85, 141, 193; Dusar v. Perit, 4 Binn., 361. Johnson v. N. Y. Central R. R., 31 Barb., 196. S1015. An employee must perform his service in conformity to the usage of the place of performance, unless otherwise directed by his employer, or unless it is impracticable, or manifestly injurious to his employer to do so. Story on Agency, § 199; Johnson v. N. Y. Central R. R., 31 Barb., 196; see Horton v. Morgan, 19 N. Y., 170. S1016. An employee is bound to exercise a reasonable degree of skill,' unless his employer has notice, before employing him, of his want of skill.' 1 Harmer v. Cornelius, 5 C. B. (N. S.), 236; Story Bailm., SS 431-435; see Cuckson v. Stones, 1 El. & El., 248. S1017. An employee is always bound to use such Must use skill as he possesses. Wilson v. Brett, 11 M. & W., 113. what skill he has. longs to em ployer. S 1018. Everything which an employee acquires What be 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,2 the term of his employment. 1Code La., 2974; see Tenant v. Elliott, 1 Bos. & P., 3; ⚫ Edmondstone v. Hartshorne, 19 N. Y., 9. count. S1019. An employee must, on demand, render to Duty to ao 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.2 1 2 Story on Agency, § 203; Collyer v. Dudley, Turn. & By DUER, J., Heubach v. Mollmann, 2 Duer, 227, 252; not bound to deliver mand. without de $1020. An employee, who receives anything on Employee account of his employer, in any capacity other than that of a mere servant, is not bound to deliver it to him until demanded,1 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 employee himself.3 This seems to the commissioners to be the true princi ple upon which the cases holding a demand to be Preference to be given ers. factors, but without reason. The defendant, in that case, seems to have been a mere servant. In Stacy v. Graham (14 N. Y., 492; affirming S. C., 3 Duer, 444), the defendant had been instructed to remit. Heubach v. Mollmann, 2 Duer, 227. This qualification seems to be only just to the employee. S1021. An employee, who has any business to to employ 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. Responsibility of employee for substitute. Responsi bility for There is no direct authority for these provisions, but they are required by sound principle. $1022. An employee, 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. Story on Agency, § 217 a. S 1023. An employee, who is guilty of a culpable negligence, degree of negligence, is liable to his employer for the 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. Surviving employee. Confiden S 1024. Where service is to be rendered by two or 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. See Story on Bailm., § 202. $1025. The obligations peculiar to confidential ment. employments are defined in the Title on TRUSTS. tial employ ARTICLE IV. TERMINATION OF EMPLOYMENT. SECTION 1026. Termination by death, &c., of employer. 1027. Employment, how terminated. 1028. Continuance of service in certain cases. 1029. Termination at will. 1030. Termination by employer for fault. 1031. Termination by employee for fault. 1032. Compensation of employee dismissed for cause. $1026. Every employment, in which the power of the employee is not coupled with an interest in its subject, is terminated by notice to him of: 1. The death of the employer; or, 2. His legal incapacity to contract. This section alters the common law by continuing the S 1027. Every employment is terminated: 2. By the extinction of its subject; 3. By the death of the employee; or, S 1028. An employee, unless the term of his service has expired, or unless he has a right to discontinue it at any time, without notice, must continue his service after notice of the death or incapacity of his employer, so far as is necessary to protect from serious injury the interests of the employer's successor in interest, until a reasonable time after notice of the facts has been communicated to such successor. The successor must compensate the employee for such service, according to the terms of the contract of employment. |