When the contract is for a year, and the principal wrongfully discharges the agent before the end of the year, the agent may either sue immediately for any special injury from the breach of the contract, or, treating the contract as rescinded, may sue for the value of the services rendered, or he may wait until the expiration of the year and sue for and recover his entire wages.
(Orig. Code 1863, § 2196; Code 1868, § 2191; Code 1873, § 2217; Code 1882, § 2217; Civil Code 1895, § 3016; Civil Code 1910, § 3588; Code 1933, § 4-215.)
RESEARCH REFERENCES
Am. Jur. 2d.
- 3 Am. Jur. 2d, Agency, § 41.
Defending Wrongful Discharge Cases, 36 Am. Jur. Trials 419.
C.J.S.- 3 C.J.S., Agency, § 625.
ALR.
- Right of agent to offset his own claim against collection made for principal, 2 A.L.R. 132.
Right to recover against employee or his bond for money or property, the fruits of an employment involving a violation of law, 2 A.L.R. 906.
Rights and remedies upon cancellation of sales agency, 32 A.L.R. 210, 52 A.L.R. 546, 89 A.L.R. 252.
Character and extent of right of broker who has exclusive contract, where sale is effected without his agency, 64 A.L.R. 395.
Right, under contract of employment providing for commissions based on amounts collected, to commissions on amounts collected after termination of employment or discharge for cause, upon business effected during term, 65 A.L.R. 993.
Injunction as remedy for breach of contract to employ plaintiff or give exclusive right to promote or sell defendant's product or invention, 173 A.L.R. 1198.
Conclusive election of remedies as predicated on commencement of action, or its prosecution short of judgment on the merits, 6 A.L.R.2d 10.
Recovery on quantum meruit where only express contract is pleaded, under Federal Rules of Civil Procedure 8 and 54 and similar state statutes or rules, 84 A.L.R.2d 1077.
Price fixed in contract violating statute of frauds as evidence of value in action on quantum meruit, 21 A.L.R.3d 9.
Elements and measure of damages in action by schoolteacher for wrongful discharge, 22 A.L.R.3d 1047.
In-house counsel's right to maintain action for wrongful discharge, 16 A.L.R.5th 239.
When statute of limitations commences to run as to cause of action for wrongful discharge, 19 A.L.R.5th 439.
Negligent discharge of employee, 53 A.L.R.5th 219.