Young v. McKelvey

Ness, Justice

(concurring):

I concur with the majority with one additional observation. In all employment contracts, the employee has an obligation to obey all reasonable rules, orders and instructions of his employer. As a general rule, willful disobedience will justify a recission of the employment contract and peremptory dismissal of the employee. Freeman v. King Pontiac Company, 236 S. C. 335, 114 S. E. (2d) 478 (1960).

The complaint alleged that appellants breached the employment contract by terminating respondent without sixty days notice. Appellants countered that there was no breach because respondent was terminated for cause. This was supported by the deposition of Mr. Inabinet. Thus, the dispute created an issue of fact for the jury and summary judgment was inappropriate. Bell v. Dixie Furniture Company, Inc., _S. C.__, 329 S. E. (2d) 431 (1985).