Article 1. GENERAL PROVISIONS  

JUDICIAL DECISIONS
 
BASIS OF MASTER/SERVANT RELATIONSHIP. --The relation of master and servant arises out of a contract of employment expressed or implied between a master or employer upon the one hand, and the servant upon the other hand. Small v. Nu Grape Co. of Am., 46 Ga. App. 306, 167 S.E. 607 (1933).
 
CHARACTERISTICS OF MASTERS. --The master has a superior choice, control, and direction of the servant, and whose will the servant represents not merely in the ultimate results of the work but in the details. Small v. Nu Grape Co. of Am., 46 Ga. App. 306, 167 S.E. 607 (1933).
 
CHARACTERISTICS OF SERVANTS. --The servant is a person employed to labor for the pleasure or the interest of another. Small v. Nu Grape Co. of Am., 46 Ga. App. 306, 167 S.E. 607 (1933).
 
WORK OF SERVANT GENERALLY RELATED TO MANUAL SERVICE. --It has been generally said that agency relates to business transactions, while the work of a servant relates to manual service. Headrick v. Fordham, 154 Ga. App. 415, 268 S.E.2d 753 (1980).
 
TEST TO DETERMINE RELATIONSHIP OF PARTIES. --The crucial test to be applied in determining whether the relationship of the parties under a contract for the performance of labor is that of master and servant, or that of employer and independent contractor, lies in whether the contract gives, or the employer assumes, the right to control the time, manner and method of executing the work, as distinguished from the right merely to require certain definite results in conformity to the contract. Federated Mut. Implement & Hdwe. Ins. Co. v. Elliott, 88 Ga. App. 266, 76 S.E.2d 568 (1953).
   A charge of the court to the jury to the effect that, if a used car lot owner retained the right to direct or control the time or manner of executing the work of a salesman and had the right to discharge the salesman and to determine at any time the arrangement between them, their relationship would be that of employer and employee or that of master and servant; but that, if the dealer did not have these rights, then the relationship between the dealer and the salesman would be another relationship, "such as the relationship of independent contractor and principal," was an accurate statement of the law. Hamilton v. Pulaski County, 86 Ga. App. 705, 72 S.E.2d 487 (1952).
 
SPECIALIZATION. --Specialization alone is not an infallible test in determining whether one is a servant or an independent contractor. Federated Mut. Implement & Hdwe. Ins. Co. v. Elliott, 88 Ga. App. 266, 76 S.E.2d 568 (1953).
   
 
SERVANT'S DETOUR AND RETURN. --Although a servant may have made a temporary departure from the service of a master, and in so doing may for the time have severed the relationship of master and servant, yet, where the object of the servant's departure has been accomplished and the servant has resumed the discharge of the duties to the master, the responsibility of the master for the acts of the servant reattaches. Atlanta Furn. Co. v. Walker, 51 Ga. App. 781, 181 S.E. 498 (1935).
   If a servant whose duty is to drive a truck and to make delivery of an article of merchandise at a designated place makes a temporary departure from the service of a master on a mission of the servant's own, but resumes the servant's duties and has a wreck, the servant's negligence is the negligence of the master. Atlanta Furn. Co. v. Walker, 51 Ga. App. 781, 181 S.E. 498 (1935).
   
 
COMPETITION WITH FORMER EMPLOYER. --After termination of employment, an employee normally is free to engage in competition with a former employer and to solicit the employer's customers, in the absence of an agreement to the contrary. Southeast Consultants, Inc. v. McCrary Eng'r Corp., 246 Ga. 503, 273 S.E.2d 112 (1980).
 
PERSON MAY TAKE SKILL, KNOWLEDGE, AND INFORMATION. --A person who leaves the employment of another has a right to take with the person all the skill the person has acquired, all the knowledge the person has obtained, and all the information that the person has received, so long as nothing is taken that is the property of the employer. Southeast Consultants, Inc. v. McCrary Eng'r Corp., 246 Ga. 503, 273 S.E.2d 112 (1980).
 
EMPLOYER'S PROPERTY. --Trade secrets are the property of the employer and cannot be taken or used by the employee for the employee's own benefit, but knowledge on the part of the employee concerning the names and addresses of customers is not the property of the employer. Southeast Consultants, Inc. v. McCrary Eng'r Corp., 246 Ga. 503, 273 S.E.2d 112 (1980).
 
RESEARCH REFERENCES
 
ALR. --Distribution of employees' relief fund on discontinuance of business or dissolution, 1 ALR 629.
   Master's responsibility for injury to or death of servant during labor dispute, 1 ALR 673.
   Wrongful discharge of servant -- doctrine of "constructive service," 8 ALR 338; 17 ALR 629.
   Validity and enforceability of restrictive covenants in contracts of employment, 9 ALR 1456; 20 ALR 861; 29 ALR 1331; 52 ALR 1362; 67 ALR 1002; 98 ALR 963.
   Employer's right to earnings or profits made by employee, 13 ALR 905; 71 ALR 933.
   Liability of master for injury to one whom servant, in violation of instructions, permits to ride on vehicle, 14 ALR 145; 62 ALR 1167; 74 ALR 163.
   Statute prescribing damages for forcibly ejecting or excluding one from possession of real property as applying to possession held by one as servant or employee, 14 ALR 808.
   Right to inventions as between employer and employee, 16 ALR 1177; 32 ALR 1027; 44 ALR 593; 85 ALR 1512; 153 ALR 983; 61 ALR2d 356.
   Liability of employer for injuries inflicted by automobile while being driven by or for salesman or collector, 17 ALR 621; 29 ALR 470; 54 ALR 627; 107 ALR 419.
   General discussion of the nature of the relationship of employer and independent contractor, 19 ALR 226.
   Circumstances under which the existence of the relationship of employer and independent contractor is predicable, 19 ALR 1168.
   Right of employee to bonus as affected by termination of employment before bonus becomes payable, 28 ALR 346.
   Liability of employer for acts or omissions of independent contractor in respect of positive duties of former arising from or incidental to contractual relationships, 29 ALR 736.
   Implied promise of employer to pay royalty for use of patented article invented by employee, 32 ALR 1045.
   Nature and extent of master's duty under contract to furnish medical aid to servant, 33 ALR 1191.
   Workmen's Compensation Act as affecting master's duty and liability under contract to furnish medical treatment to employees, 33 ALR 1204.
   One doing work under a cost plus contract as an independent contractor, or a servant or an agent, 55 ALR 291.
   One in general employment of contractee, but who at time of accident was assisting or cooperating with, an independent contractor, as employee of former or latter for the time, 55 ALR 1263.
   Liability for refusal to give, or because of reasons assigned in, clearance card, service letter, or other statement of reasons for termination of employment, 57 ALR 1073.
   Salesman employed on a percentage or commission basis as a servant or an independent contractor, 61 ALR 223.
   Constitutionality of statute relating to purchase of capital stock by employees of corporation, 63 ALR 841.
   One transporting children to or from school as independent contractor, 66 ALR 724.
   Employer's right to earnings or profits made by employee, 71 ALR 933.
   Employer's offer to take back employee wrongfully discharged as affecting former's liability, 72 ALR 1049.
   Right of employer to have former employee deliver up information obtained during the employment, 93 ALR 1323.
   Rights and liabilities with respect to private pensions as between employer and employee, 96 ALR 1093.
   Relationship of employer and employee between parties to contract not relating to employment itself, as creating presumption of fraud, 100 ALR 875.
   Employee's or agent's acceptance of bonus, gratuity, or other personal benefit from one with whom he deals on employer's or principal's account as affecting his right to recover wages, salary, or commissions, 102 ALR 1115.
   When cause of action between master and servant deemed to be upon a liability created by statute within contemplation of statute of limitations, 104 ALR 462.
   Oral contract of employment terminable by either party at will as within statute of frauds relating to contracts not to be performed within year, 104 ALR 1006.
   Grounds for discharge of servant or agent existing during lifetime of employer, but unknown to him, as available to his executor or administrator, 109 ALR 474.
   One soliciting subscriptions for newspaper, magazine, or book, on commission basis as an independent contractor or employee, 126 ALR 1120.
   Status as employee or servant as affected by misrepresentations in obtaining employment, 136 ALR 1124.
   Provision of Fair Labor Standards Act for increased compensation for overtime, 140 ALR 1263; 152 ALR 1030; 169 ALR 1307.
   Bylaw of corporation authorizing removal of officer, agent, or employee at any time, as affecting contract of employment for a specified period, 145 ALR 312.
   Application and effect of "shop right rule" or license giving employer limited rights in employees' inventions and discoveries, 61 ALR2d 356.
   Construction and application of provision of contract for compensation of employee upon dismissal or discharge, 147 ALR 151; 40 ALR2d 1044.
   Validity of statute or regulation in respect of tips, 147 ALR 1039.
   Constitutionality, construction, and application of statutes prohibiting agreements to refund wages under employment contracts ("kickback" agreements), 149 ALR 495.
   Enforceability of restrictive covenant, ancillary to employment contract, as affected by duration of restriction, 41 ALR2d 15.
   Pleading mitigation of damages, or the like, in employee's action for breach of employment contract, 41 ALR2d 955.
   Eviction of employee or threat thereof from housing furnished by employer as constituting unlawful coercion or unfair labor practice, 48 ALR2d 995.
   Right of employer, liable for wrongful discharge or retirement, to reduce or mitigate damages by amount of social security or retirement benefits received by employee, 48 ALR2d 1293.
   Assignability of statutory claim against employer for nonpayment of wages, 48 ALR2d 1385.
   Application and effect of "shop right rule" or license giving employer limited rights in employees' inventions and discoveries, 61 ALR2d 356.
   Liability of employer for agreed advances or drawing account which exceed commissions or share of profits earned, 95 ALR2d 504.
   Provision in employment contract requiring written notice before instituting action, 4 ALR3d 439.
   Pre-employment conduct as ground for discharge of civil service employee having permanent status, 4 ALR3d 488.
   Who is "employee" under employee stock-option plan or contract, 57 ALR3d 787.
   Validity and construction of contractual restrictions on right of medical practitioner to practice, incident to employment agreement, 62 ALR3d 1014.
   Liability of member of unincorporated association for tortious acts of association's nonmember agent or employee, 62 ALR3d 1165.
   Reduction in rank or authority or change of duties as breach of employment contract, 63 ALR3d 539.
   Liability of charitable organization under respondeat superior doctrine for tort of unpaid volunteer, 82 ALR3d 1213.
   Exchange of labor by farmers as creating employment relationship for liability insurance purposes, 89 ALR3d 834.
   Vacation pay rights of private employees not covered by collective labor contract, 33 ALR4th 264.
   Sufficiency of notice of modification in terms of compensation of at-will employee who continues performance to bind employee, 69 ALR4th 1145.