Salesman work at home and get pay full salary, he has zero performance no prof of his sales activity. Employer has prof that he was not going on sale

Original agreement was. For him to work at his home office, and go out on sales to secure business for the employer. After 3 1/2 months later, still no result, no activity of business. When employer asked for quotation that he so called delivered to his clients, he won''t provide quotation to the employer. Employer called him, he never answer the phone. Employer can not get to talk to him. We can only communicate by e-mail. If I fire him, I lost all money that I paid him for the last 3 1/2 months, can I suit him to get all the money that I have pay him & employment tax I have paid to the government? I have prof that he was doing personal stuffs, and he was not doing the sales and secure business for the employer. He asked me to cover his salary for 4 months. After 4 months, he will get pay by commission. He promised to bring in 5 millions dollars annual revenues for the company. Can I suit him for swindle?