dissenting.
I respectfully dissent. It is my view that the trial court properly granted summary judgment inasmuch as the record fails to disclose any evidence that Godby Brothers exerted undue influence upon Weiser.
A contract may be avoided under the doe-trine of undue influence when it is procured from one in a situation of distress and necessity by another who stands in a relation of confidence or who is in a situation of advantage. Day v. Bicknell Minerals, Inc. (1985), Ind.App., 480 N.E.2d 567. The ultimate issue to be determined by the fact finder is whether the purported victim was deprived of the free exercise of his will. Bedree v. Bedree (1988), Ind.App., 528 N.E.2d 1128.
I disagree with the majority's conclusion that an issue of fact remains as to whether Weiser signed the Sales Compensation Plan freely and voluntarily. Weiser's allegations 'of undue influence are based upon his impression that Godby Brothers would not pay him $5000.00 in previously earned commissions if he refused to sign the contract. As a *242matter of law, Weiser's allegation cannot establish undue influence. Undue influence demands the exercise of control by one person sufficient to destroy the free agency of another. Bedree, supra. Weiser testified at his deposition that Cochran never stated that Godby Brothers would not pay him, but that such was merely his "impression." Record at 333. Weiser was influenced by his own belief, and not by any exercise of control on the part of Godby Brothers.
Weiser also centers his argument around a statement made by Godby Brother's vice president, Chip Cochran. Upon presenting the Sales Compensation Plan to Weiser, Cochran stated: "This is a sales employment contract between Godby Brothers and yourself. Sign it or clear out your desk and you will be fired." Record at 331. At the time the Sales Compensation Plan was presented to Weiser, he was an employee at will. Employment at will exists when an employee may be terminated for any or no reason. Hamblen v. Danners, Inc. (1985), Ind.App., 478 N.E.2d 926. Indiana does not recognize that an employer owes a duty of good faith and fair dealing to an employee at will. Id. When an employer unilaterally changes agreed-upon terms of employment, an employee may either accept the changes and continue employment or reject the changes and terminate employment. Wheeler v. Balemaster (1992), Ind.App., 601 N.E.2d 447. When the Sales Compensation Plan was presented to Weiser, he had the choice to either accept continued employment with Godby Brothers by its terms or reject the terms and resign. Although the choices Weiser faced were not attractive, the record before us contains no evidence that Godby Brothers constrained Weiser to choose the course of signing the contract. Weiser was an employee at will and Godby Brothers was entitled to terminate Weiser for any or no reason. Had Weiser chosen not to sign the contract and been fired, or had Godby Brothers simply terminated Weiser without presenting the contract to him, the doctrine of employment at will would have barred Weiser from obtaining judicial relief. Since Godby Brothers was entitled to terminate Weiser for any reason, the law cannot support a finding that Godby Brothers exerted undue influence by giving Weiser a choice, albeit an unappealing one, between termination and signing the contract. I would affirm the judgment of the trial court.