My friend has a 100% commission job. They accepted the offer a few weeks ago because they were thrilled to find a job which explicitly had extremely flexible hours. The employer even told them that they didn't care when they worked, as long as they made the numbers. As a result, my friend accepted this offer and turned down other offers with a big base pay. Flexible hours meant more to my friend than monetary security.
My friend expressed from the beginning they need the flexible schedule for personal and educational reasons, and that mornings did not work. They need to start at 10 to 12 and don't mind working late, due to their schedule. This was fine the first couple weeks. But, they were hoping after training to have even greater flexibility as promised, as long as they make the numbers and meet the sales goals.
This week there was an event that significantly increased the need for sales, which happens a couple times a year. It was now that my friend's boss said they are an 8:30 to 5:30 company and expressed how the boss and the sales manager come into work at 6:30 every day. The boss told them to come in at 6:30 am yesterday and today and probably many other days.
What time the administration team comes to work does not seem relevant, because my friend was hired for a flexible schedule outside sales job. The manager then went on to say it wouldn't be fair to others who start work at 7:30, but there is only one other sales person because the rest quit or were fired before my friend started. So it's not much of a sample size.
My friend is upset about this because they never agreed to early mornings. In fact the owners confirmed in the interview, and flexible schedule is in the job description. Also, it says that the employee will have "complete control" of the sales and that they don't micro manage employees. They were told they could work any hours, anytime, any days they wanted, all that mattered was the numbers.
The boss has a valid reason for the ask. There are limited sales staff (just one and some new hires that haven't started) and the boss wants to beat the competition in this peak time. But this was not in the job description and is completely different than agreed, and seems like a breach of contract.
It's a small company and the request is understandable, but is a completely different job description than my friend accepted and doesn't work for their schedule. It almost seems like the original job no longer exists and my friend is being asked to do a different job, although the process is the same but the hours are not flexible at all.
The boss is a really nice guy and my friend wants to work on a flexible schedule there, they just would have a really hard time starting at early hours and it isn't what they signed up for. They also feel betrayed because these hours proposed are worse than the traditional hours of the jobs having large base pay, which they turned down because of early hours and inflexible schedules.
How should I advise my friend in this matter? Did the boss breach contract, or is it considered reasonable since there's a valid reason for the change in work hours, although not agreed upon?
Worse, is a noncompete enforceable if the fundamental hours are changed resulting in an inability to do the job due to those hours?
Update: you all asked about the contract. My friend showed me the contract. In the contract it says, "work hours are 8:30 to 6pm but THIS DOESN'T APPLY to sales reps who are expected to meet minimum sales and schedule is based on meeting the sales goals". (capitalization are for emphasis, not in contract). So, right there in the contract, the expectation is clear: no required schedule whatsoever for sales reps who are meeting sales goals.