The question has often been asked whether a person who has made a
contract to work for another and has broken it can recover for the
worth of his service during the period he was employed
The question has often been asked whether a person who has made a
contract to work for another and has broken it can recover for the
worth of his service during the period he was employed. Some courts
have said that a person thus breaking his contract cannot afterward
recover anything, because he does not come into court with clean
hands. Other courts have said that though he can recover nothing on
the contract he has broken, he can nevertheless recover on a contract
which the law implies in such a case for the worth of his service
during the period of his employment. On the other hand, the employer
can set off against his claim any injury that he may have sustained.
Suppose he could show that the service was of no worth to him; that he
was injured rather than benefited by what he did; then the employe
could get nothing. The courts have been inclined of late years to
uphold an employe in recovering whatever his service was worth–not,
however, as done by virtue of an express or actual contract with the
employer. He cannot sue on that; in other words, he cannot take
advantage of his own wrong to recover anything from his employer, but
he may recover on the contract which the law implies, as we have
explained, as much as his service was worth to his employer, and no
more.