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INFOLAWYER
INFOLAWYER, Attorney
Category: Business Law
Satisfied Customers: 54300
Experience:  LICENSED BUSINESS LAWYER
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Does the Board if Directors have the right to fire an employee,

Customer Question

Does the Board if Directors have the right to fire an employee, when the By laws state there needs to be an annual performance evaluation and none was given?
Submitted: 7 years ago.
Category: Business Law
Expert:  lwpat replied 7 years ago.
In most jurisdictions an employee can be fired forany reason or for no reason. In addition the Board has the authority to change the bylaws. So the answer to your question is yes you can be fired regardless of whether you were given an evaluation or not. The only exception would be where you have a written employment contract.
Customer: replied 7 years ago.
The by laws state there shall be an annual performance evaluation for the person in question and the by laws cannot be changed without a 3/4 vote of the members of this non-profit society.
Expert:  lwpat replied 7 years ago.
I understand but that does not matter. The board has the authority to fire regardless.
Customer: replied 7 years ago.
But if the By-Laws require a performance evaluation does this not constitute a contract?
Expert:  lwpat replied 7 years ago.
I will opt out and give other experts the option to reply.
Expert:  lwpat replied 7 years ago.
I have opted back in since numerous other experts have viewed this thread and have nothing to add. No, the performance evaluation does not constitute a contract. You do not have a wrongful termination claim where employment is "at will".

An accept for my time is always appreciated.
Customer: replied 7 years ago.
Can someone answer anwer my question?
Expert:  INFOLAWYER replied 7 years ago.
The termination is not illegal based on the lack of performance review. If you were terminated because of your race, gender, age or nationality then you would have a claim for wrongful termination. As it stands you do not have a claim to pursue.

You could try if you wish to press your theory through a lawyer in a negotiation for severance. Although a weak case the exposure to suit may lead to the relief you want but I would not sue based on these facts.   
INFOLAWYER, Attorney
Category: Business Law
Satisfied Customers: 54300
Experience: LICENSED BUSINESS LAWYER
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