New employee "forgot" to work on Fridays - can we fire him? 08-04-2005

We have an employee that signed an offer letter that included a great base salary & commission. They were also advised in the letter that they would have to work Fridays but they have not done so & during a recent performance appraisal when asked why they have not worked any Fridays or even called to say they would not be in, they replied they did not know that was in the letter. The letter is approx 10 lines & they seem very well aware of their salary & commission. They technically have never signed anything as an "at will" but were on a 90 day probationary period. Can they be terminated? Would we have to still pay commissions even though they haven't lived up to their part of the offer letter? We have been paying them the substantial salary as outlined in the letter.

Rita Risser replies:

As an at-will employee, the employee can be fired for any reason. Even if working on Fridays wasn't in the offer letter, it is reasonable to assume they would work Fridays. The fact that it has been brought up to him and he is basically refusing to work Fridays is insubordination and grounds for termination.

You do have to pay earned commissions, unless the offer letter provided otherwise.

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.