An employee who is authorized expressly to employ a substitute is liable to the employee's principal only for want of ordinary care in the employee's selection. The substitute is directly responsible to the principal.
34-02-16. Liability of employee for culpable negligence - Liability of employer for services. An employee who is guilty of a culpable degree of negligence is liable to the person's employer for the damage caused to the latter thereby. Unless the service is gratuitous, the employer is liable to the employee for the value of services properly rendered.