One who, without consideration, undertakes to do a service for another, is not bound to perform the same but if he actually enters upon its performance, he shall use at least slight care and diligence therein.
Employer and EmployeeObligations of Employee
Section § 2850
If someone agrees to do a service for free, they're not obligated to finish it. But if they start doing the work, they must put in at least a little care and effort.
free service voluntary service undertake service
Section § 2851
If you specifically ask someone to let you do a job or service, you're responsible for finishing it completely. However, if you volunteer to do a service for free, you can choose to stop whenever you want.
One who, by his own special request, induces another to intrust him with the performance of a service, shall perform the same fully. In other cases, one who undertakes a gratuitous service may relinquish it at any time.
special request performance of service complete service
Section § 2852
If you’re working for free and you have a written power of attorney, you have to keep following it as long as it's valid unless you tell your employer you’re stopping.
A gratuitous employee, who accepts a written power of attorney, shall act under it so long as it remains in force, or until he gives notice to his employer that he will not do so.
gratuitous employee written power of attorney acting under power of attorney
Section § 2853
If someone takes a job mainly for their own benefit rather than their employer's, they must be very careful and work hard to ensure their employer's interests are still safeguarded.
One who is employed at his own request to do that which is more for his own advantage than for that of his employer, shall use great care and diligence therein to protect the interest of the employer.
self-requested employment employee advantage employer interest protection
Section § 2854
If a person agrees to work for someone else in exchange for good compensation, they must do the job and perform it with reasonable care and effort as long as they're employed.
One who, for a good consideration, agrees to serve another, shall perform the service, and shall use ordinary care and diligence therein, so long as he is thus employed.
employment agreement service obligation reasonable care
Section § 2855
This law says that a contract requiring personal services can't be enforced against an employee for more than seven years, unless it's about something really special or unique, where money can't make up for its loss. Even then, the limit is still seven years. If the employee keeps working past that time, the contract can suggest how much they should be paid.
For music and sound recording contracts, an employee can't use the seven-year limit unless they give written notice to their employer, saying they won't work anymore after a certain future date. Both sides can sue for damages if the contract is broken during its term, but they must follow the legal time limits for starting such lawsuits. If the contract requires making a set number of music recordings and the employee doesn't finish them before quitting, the affected party can sue for damages. If they want to do this, they need to start the lawsuit within 45 days after the date mentioned in the notice.
(a)CA Labor Code § 2855(a) Except as otherwise provided in subdivision (b), a contract to render personal service, other than a contract of apprenticeship as provided in Chapter 4 (commencing with Section 3070), may not be enforced against the employee beyond seven years from the commencement of service under it. Any contract, otherwise valid, to perform or render service of a special, unique, unusual, extraordinary, or intellectual character, which gives it peculiar value and the loss of which cannot be reasonably or adequately compensated in damages in an action at law, may nevertheless be enforced against the person contracting to render the service, for a term not to exceed seven years from the commencement of service under it. If the employee voluntarily continues to serve under it beyond that time, the contract may be referred to as affording a presumptive measure of the compensation.
(b)CA Labor Code § 2855(b) Notwithstanding subdivision (a):
(1)CA Labor Code § 2855(b)(1) Any employee who is a party to a contract to render personal service in the production of phonorecords in which sounds are first fixed, as defined in Section 101 of Title 17 of the United States Code, may not invoke the provisions of subdivision (a) without first giving written notice to the employer in accordance with Section 1020 of the Code of Civil Procedure, specifying that the employee from and after a future date certain specified in the notice will no longer render service under the contract by reason of subdivision (a).
(2)CA Labor Code § 2855(b)(2) Any party to a contract described in paragraph (1) shall have the right to recover damages for a breach of the contract occurring during its term in an action commenced during or after its term, but within the applicable period prescribed by law.
(3)CA Labor Code § 2855(b)(3) If a party to a contract described in paragraph (1) is, or could contractually be, required to render personal service in the production of a specified quantity of the phonorecords and fails to render all of the required service prior to the date specified in the notice provided in paragraph (1), the party damaged by the failure shall have the right to recover damages for each phonorecord as to which that party has failed to render service in an action that, notwithstanding paragraph (2), shall be commenced within 45 days after the date specified in the notice.
personal service contracts seven-year limit music contracts
Section § 2856
This law states that employees must generally follow their employer's instructions related to their work. However, there are exceptions if following those instructions is impossible, illegal, or would create unreasonable hardships for the employee.
An employee shall substantially comply with all the directions of his employer concerning the service on which he is engaged, except where such obedience is impossible or unlawful, or would impose new and unreasonable burdens upon the employee.
employee compliance employer directions service instructions
Section § 2857
An employee needs to do their job according to how things are usually done where they work. Exceptions are if the employer gives different instructions, or if following the usual way would be impossible or harmful to the employer.
An employee shall 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.
employee duty workplace norms job performance
Section § 2858
Employees need to work with a reasonable level of skill, unless the employer knew beforehand that they didn't have those skills when they were hired.
An employee is bound to exercise a reasonable degree of skill, unless his employer has notice, before employing him, of his want of skill.
employee skill requirement reasonable skill employer notice
Section § 2859
If you're working for someone, you need to use your skills to the best of your ability to do the job you were hired for.
An employee is always bound to use such skill as he possesses, so far as the same is required, for the service specified.
employee obligation use of skills job performance
Section § 2860
This law states that anything an employee gains because of their job, other than their wages or salary, is owned by the employer. This applies no matter how or when the employee acquires it, including both during and after their employment period, and regardless of whether it was acquired legally or illegally.
Everything which an employee acquires by virtue of his employment, except the compensation which is due to him from his employer, belongs to the employer, whether acquired lawfully or unlawfully, or during or after the expiration of the term of his employment.
employee property rights employer ownership work-related acquisitions
Section § 2861
If you're an employee, you need to regularly update your employer about your work activities and transactions related to your job whenever it's reasonable to do so. Additionally, you must promptly let your employer know about anything you receive on their behalf, even if they don't ask you to.
An employee shall, on demand, render to his employer just accounts of all his transactions in the course of his service, as often as is reasonable, and shall, without demand, give prompt notice to his employer of everything which he receives for the account of the employer.
employee obligation transaction reporting employer notification
Section § 2862
If an employee receives something for their employer while working in a role beyond just serving, they don't have to give it to the employer until asked. They also shouldn't send it to the employer in a riskier way than just keeping it themselves until the employer asks for it.
An employee who receives anything on account of his employer, in any capacity other than that of a mere servant, is not bound to deliver it to the employer until demanded, and is not at liberty to send it to the employer from a distance, without demand, in any mode involving greater risk than its retention by the employee himself.
employee responsibility receiving goods for employer delivery obligation
Section § 2863
If you're an employee working for someone, and you have your own similar business activities, you must prioritize your employer's business over your own.
An employee who has any business to transact on his own account, similar to that intrusted to him by his employer, shall always give the preference to the business of the employer.
employee obligations business priority employer preference
Section § 2864
If an employee is given permission to hire someone else to do their job, the employee is only responsible if they didn't take reasonable care in choosing that person. The person hired is directly responsible to the employer.
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.
employee liability substitute employee ordinary care
Section § 2865
If an employee is significantly careless and causes damage to the employer, the employee must compensate the employer for that damage. On the other hand, if the employee is being paid, the employer is only required to pay the employee for the work done correctly.
An employee who is guilty of a culpable degree of negligence is liable to his employer for the damage thereby caused to the employer. The employer is liable to the employee if the service is not gratuitous, for the value of the services only as are properly rendered.
employee negligence employer liability damage compensation
Section § 2866
If two or more people are supposed to work together, and one dies, the surviving person can continue to work alone only if they can properly do the job without needing the deceased's help.
Where service is to be rendered by two or more persons jointly, and one of them dies, the survivor shall 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.
joint service survivor's duty performance without deceased
