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Employer/Employee relationship contractual

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  • Legalbear
    It invokes the rule that the relation of employer and employee is contractual, specifically so declared for purposes of the workmen s compensation act, and
    Message 1 of 1 , Oct 24, 2005
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      It invokes the rule that the relation of employer and employee is contractual, specifically so

      declared for purposes of the workmen's compensation act, and that the contract of

      employment cannot be changed so as to substitute a new employer without the employee’s

      knowledge and consent, citing Benson v. Lehigh Valley Coal Co. 124 Minn. 222, 144 N.W.

      774, 50 L.R.A.(N.S.) 170; Melhus v. Sam John son & Sons Fisheries Co. Inc. 188 Minn. 304,

      247 N.W. 2; Dahl v. Wunderlich, 194 Minn. 35, 259 N.W. 399; Murray v. Union Ry. Co. 229

      N.Y. 110, 113, 127 N.E. 907, and many other cases. The gist of the rule invoked is stated by

      Mr. Justice Cardozo in Murray v. Union Ry. Co. (supra) , cited by us with approval in Dahl v.

      Wunderlich, (supra) : "The new relation cannot be thrust upon the servant without knowledge

      or consent." The rule also is that the relation of employer and employee may be terminated at

      any time by agreement of the parties. If the employee has notice or knowledge of the

      substitution of a new employer and thereafter continues in his employment, he will be deemed

      to have accepted the new employer and to have terminated the relation previously existing with

      the old one. Benson v. Lehigh Valley Coal Co. and Murray v. Union Ry. Co. (supra) . Yoselowitz v. Peoples Bakery, 1938.MN.13 <http://www.versuslaw.com>, 277 N.W. 221 ( Minn. 1938).  

       

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