Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1889-06-29
THE LAW ABOUT HIRING HELP.

A verbal agreement between the
employer and the employee is, how
ever, in most cases just as good in
law as a written one, providing il
can be proved. The principal ex
ception is in the case Of a contract
which is not to be performed within
year from the time it is made. The
laws of most States say that a con
tract which is not to be performed
within a year cannot be enforced un
less contract or a memorandum Of
it, is in writing signed by the party
to be charged. III a farmer hires a
man to work for HIM one year, the
time to commence the day the con
tract is made, or possibly the next
day, the agreement need not neces
sarily be in writing. But if the time
is to commence say a week or a
month hence, it is not binding on
either party If 1t is only verbal bar
gain. If such q contract is verbal
only, the farmer can discharge his
help at any time, and tho help can
quit ct any time without being liable
for damage, and generally without
loss Of pay up to the time Of leaving.
It should be remembered that a
minor is not bound by any contract
of this nature, whether verbal or
in writing; and while the employer,
if of age, will be obliged to carry
out the provisions OF his agreement,
the employee, if minor may break
it at any time, leave his masters
employment, and collect what he
can prove his services we're worth
up to the time of leaving. This is
so although he looked as if he were
of age, or even il he falsely represent.
ed himself to be such.
There are certain things which will
justify a farmer discharging his help,
and certain things which will justify
a man in leaving the service of his
employer before the time is out and
without liability for damages. The
man may be discharged if he disc"
beys the lawful and proper orders
of his employer, if his conduct is
immoral, if he uses insulting Ian.
guage to his employer or his family,
if he is frequently drunk, if he habit
ually neglects his work, if he is in
subordinate or defrauds his-emplOy-
er; also for committing wanton in.
jury to his employers property, or
for Incompetence by reason of phys
icaI or mental defects not dlscernible
when he was hired. 1t has been
held that if the man is intoxicated
when he comes to commence his
work, the farmer need not take him.
In case the man is discharged for
cause, he is entitled to what his ser.
vices were worth up to the time of
his discharge.
OF course, il the conduct of the
'armer is such that the man is justi-
III in leaving, he can recover his
wages for the time he was actually |
worked. Among the causes which |
will justify the man in leaving are
my improper conduct on the part OF
lis employer, such as an assault
IN him, insufficient food or lodging,
him to do unlawful work,
such as unnecessary work on Sunday
necessary farm work, such as taking
care of stock, is not unlawfuD, the
prevalence of an epidemic which
renders it dangerous to remain, and
any acts of the farmer prejudicial
to the morals of the workman or to
his safety, health, or reasonable
comfort. Habitual blasphemy on
the part of either has been held a
good reason for the other dissolving
the relations existing between them,
unless both are addicted to the same
bad habit. Sickness of the man for
"A lengthied period-in case two
weeks-release both parties from
the contract. The employer is not
bound to wait unreasonably for the
restoration of the employees health,
and the necessities Of the employer
are regarded as measure OF what
is reasonable. Slight grounds for
discharge or leaving are not regard
ed as sufficient, and the burden OF
proof is on him who sets up the
grounds to show that they are valid
and sufficient. When a laborer has
once quit his employers service, the
employer is not obliged to take him
back again, although the man
changes his mind and wants to 60 to
work again. 1t has been held that
when a man has good cause for leav
ing and throwing up his contract,
aud does not do so at the time, he
valves and condones the cause and
cannot afterward rely on it as a
good reason tor quitting his place.
american Agriculturist.