Wilmington Coal Mining & Manufacturing Co. v. Lamb

Citations

• 90 Ill. 465

Syllabus

<p>1. Contract or service—when employee may leave service and recover. Where a written contract of service provides that the employee wishing in good fait.h to leave the service may do so at any time, without giving previous notice, in which event all arrearages of pay shall be due at the next regular pay day thereafter, the employee may quit before the expiration of the term and recover for the services performed, without being required to show he quit for good cause, where there is no proof showing he quit in bad faith.</p> <p>2. Same—of damages to employer, as a set-off. Where a servant quits his employment before the expiration of the time of his engagement, under a clause in the contract giving him such privilege, it is immaterial whether his so quitting damaged his employer or not, and the latter can not set off any such damages in an action against him for the wages due and unpaid.</p>