LEGAL DEPARTMENT. 



643 



employed to labor on a farm or do any work, and the person entices, 

 hires, or persuades the laborer to leave the services during the time of 

 employment, the person who employs the help has the right of action for 

 recovery of damages against the person who enticed the laborer away, 

 and for all inconvenience and losses thereby suffered by the employer. 

 But attempting to entice a laborer away, unless damage is sustained, is 

 not actionable, nor can an action be sustained for inducing a laborer to 

 leave the employer's services at the end of the time for which he was 

 hired, even though the laborer had no intention of leaving. , 



Abandoning Service without Cause. When a laborer is hired for 

 a definite time, and before that time expires he leaves without cause, or 

 the consent of the employer, the laborer cannot recover any part of his 

 wages, because the contract is entire and performance is a condition prec- 

 edent to a right of recovery. If a man agrees to work a year for another 

 for a specified price per month, and by the terms of the agreement he is 

 to be paid each month's wages at the end of each month, he may sue for 

 and recover his wages at the end of the month. 



Abandoning Service for Cause. While the laborer has the right to 

 abandon service for cause, if the cause is sufficient to render the contract 

 voidable, he can collect his pay, yet he should not leave for trivial causes. 



If the employer is to furnish board and lodging to the laborer as -a part 

 of his contract, and he is not furnished with wholesome or sufficient food, 

 or suitable or comfortable lodgings, and the employer treats h|sH improp- 

 erly by assaulting him, the laborer is justified in leaving. Being com- 

 pelled to work on Sunday, other than do the necessary farm work, such as 

 care of live animals, or the domestic servant in the house to prepare the 

 meals, and properly care for the milk, or any act of the employer that is 

 contrary to good morals, preventing reasonable comfort, safety, and 

 health, or that would injure the reputation of the laborer, would justify 

 the employed to abandon the service. Harsh language to the laborer, 

 and a difficulty with a co-laborer, would not justify the laborer in leaving. 

 It is a question for the jury to decide whether the laborer had a reason- 

 able excuse for leaving the service, and the burden of proof lies upon the 

 laborer, who must establish the fact. There are a great many instances 

 in which the laborer is justified in leaving the employer, but they could 

 not all be 'enumerated here. In every case where there is good cause the 

 laborer may leave and compel the farmer to pay for the time that he has 

 actually worked. 



Farmer Liable on Laborer's Contract. Any contract made by the 

 laborer in the course of his employment, about the farmer's business, is 

 binding upon the farmer, provided it is within the scope of the authority 

 conferred or implied from the employer's conduct. Thus : A house- 

 maid is engaged to work about the house, she is in the habit of purchas- 

 ing the family's supplies, and she buys such supplies in the name of the 

 farmer, the farmer is compelled to pay for them, even if she has no order 



