60-2-7Obedience to employer required--Exceptions.

An employee shall substantially comply with all the directions of the employer concerning the service on which the employee is engaged, even though contrary to the provisions of law on the subject of employer and employee, unless obedience is impossible, or unlawful, or would impose new and unreasonable burdens upon the employee, or in case of an emergency, which according to the best information which the employee can with reasonable diligence obtain, the employer did not contemplate, and in which the employer cannot with reasonable diligence be consulted, and in which noncompliance is judged by the employee, in good faith, and in the exercise of reasonable discretion, to be absolutely necessary for the protection of the employer's interests. In all such cases, the employee shall conform as nearly to the directions of the employer as may be reasonably practicable and most for the interest of the employer.

Source: CivC 1877, § 1138; CL 1887, § 3761; RCivC 1903, § 1457; RC 1919, § 1081; SDC 1939, § 17.0305; SL 2008, ch 276, § 12.