The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1889-04-04
The Law About Hiring Help.
EDMOND p. KENDR1cK.
american Aaric,tlturist.

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The relations between a farmer and
his hired help are so important that the
legal effect of the agreement between
them should be understood by both par
ties to the contract. In the first place,
I would suggest that when farmer hires
man to work for him, if the engagement
is for any considerable length of time,
the agreement should be in writing. A
large part of the business which comes to
lawyers Office would be unnecessary if
the original agreement between the par.
ties had been put in writing. Not only
may the parties not understand each
other at the start, but their memories may
honestly differ as to the terms of the con.
tract. When dissensions cause hard
feelings, one Of the parties, thinking that
"one mans word is as good as another's, :"
often willful1y misrepresents the facts,
and insists that the agreement was differ.
ent from what he knows to be the truth.
All this could be avoided by carefully
drawn contract, setting down the terms
of the agreement, and signed by both the
farmer and the hired man.
A verbal agreement between the EN-.
ployer and the employe, is however, in
most cases, justas good in law as writ.
ten one, provided it can be proved. The
principal exception is in the case of q
contract which is not to be performed
within year from the time it is made.
The laws of most States say that COIL
tract cannot be enforced unless the con.
tract, or q memorandum O. 1T, is in writing
signed by the party to be charged. Ifa
farmer hires man to work for him for
one year, the time to commence the day
the contract is made, OF possibly the next
day, the agreement need not necessarily
be written. But if the time is to COM
mence, say week OF month hence, it
is not binding on either party if it is
only verbal bargain, If such contract
is verbal only, the farmer can discharge
his help at any time, and the
help can quit at any time, with.
out being liable for damages, and
generally without loss of pay up to the
time Of leaving. 1t should be remember
ed that minor is not bound by any con.
tract ofthis 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 employe,
ifa minor, may break it any time, leave
his masters employment, and collect
what he can prove his services were
worth up to the time of leaving. This
ia SO although he looks as if he we're of
age, or even if he falsely represented
himself to be Of age.
When an agreement has been once le.
gally made between persons lawfully
competent to contract, it is binding on
each party, and neither can withdraw
from it nor refuse to carryit out until the
time has expired, without being liable to
the other for the damages caused by his
withdrawal or refusal. For example, a
farmer hires man to work on his farm
for six months. Just before hsying the
man finds he can get more wages on
another farm, and leaves his employer to
go to the other place. The man is liable
to the farmer for the damage which his
quitting work has caused him. This gen.
orally would be the increased wages he
would have to pay for man to take the
place ofthe man who had left. Possibly
if he coulS not get any one else just at
that time the man might be liable for
damage to the crop, provided it could
not be sec,.:ed in season. In most States
the man would also lose bis right to COL
lect any wages for the time he had work.
This is on the principle that the contract
is an entire one, and unless it is entirely
performed, nothing is due under it.
There are, however, few States in which
the courts have held that in such case
the man can recover what his services
we're reasonably worth up to the time be
left, less the amount Of damages caused
by his leaving. It has been 30 held in
New Hampshire, Iowa, Indiana, Missis-
sippi, Texas and Nebraska; but the law
is generally as first stated above.
There is another exception to this rule,
which some States have recognized. In
an ordinary contract for hiring, for a
definite time, if it is not provided other
wise, no money is due until the whole
contract is performed. This is so, even
if the contract says the pay shall be 80
much month, however, the farmer or
employer agrees to pay 30 much every
month, or at any stated time, the wages
are due and owing to the man as com.
pleted contract to that extent when tho
pay day comes around, and i has been
held in some States that these wages are
not forfeited if due and unpaid before the
man quits work. TIA written contract is
made, it mightbe advisable, in order to
avoid any misunderstanding, to insert a
provision that any claim to unpaid wages
is to be forfeited in case the workman
leaves without cause before the time has
expired. As in many cases no damages
can be collected of the laborer, because of
his financial inability topay them, it is
sometimes provided in the agreement
that certain part of the wages shall be
kept back until the expiration Of the term
of service.
There are certain things which will
justify a farmer in discharging his help,
and certain things which will justify q
man in leaving the service ofhis employ
er before the time is out, and without
liability for damages. The man may be
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