To clarify, the partners, including me, took a 60% pay cut (I said “40% of normal [pay]” in my original post).
Our practice is very generous - when I became partner 5 years ago, the owners actually did pay me a larger bonus than was agreed to in the contract because I greatly outperformed their projections. We did the same thing with the associate/incoming partner one year after me, who also outperformed projections.
I completely agree that it is our associate’s legal/contractual right to take full salary, but I argue that in this particular worldwide, unforeseen, practice and life-altering pandemic, it is not the ethical route to take. Everyone is affected by this, so saying, “I know you and all our staff are taking a hit, but I want all my money because it’s my legal right” doesn’t fly with me.
This associate can take all his money for 90 days, but it’s hit-the-road-jack after that, and good luck finding another job in your hometown (the associate grew up and still has family in our practice location & there are no ophtho jobs available for a 250+ mile radius) in this current job and economic environment.
If we want to play the legal game and argument, the associate’s last day is 90 days from now. The legal/contract argument goes both ways. Not the way I want it to end, but if the associate is not willing to budge, it seems like that’s the way our partnership will vote.
Good discussion and more than I anticipated. Thanks to everyone for his/her thoughts.