An employee who is guilty of willful and wanton misconduct is liable to the 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 service only as is properly rendered.

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Source: CivC 1877, § 1147; CL 1887, § 3770; RCivC 1903, § 1466; RC 1919, § 1090; SDC 1939, § 17.0313; SL 2008, ch 276, § 21.