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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 36738
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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Does the elected board of a non profit agency have the right

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Does the elected board of a non profit agency have the right to request the w-2 for a specific employee? If so, under what circumstances

Good morning Bill,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Could you please explain more about the situation. Specifically, are you the employee or a member of the board? What are your concerns---simply privacy?
2. And by Board, do you mean the Board of Directors of the corporation?

Doug

Customer: replied 3 years ago.

-Church board is asking for W2 of an employee(my wife), who is director of the church's children's learning center.


-Learning Center is owned by the church.


-Learning center has its own board, responsible for hiring and termination.


-My concern is about privacy of personal information. Can the church board (not the learning center board) request W2 information? Are they entitled to ALL information on the W2? Who can see the information?


 

Good morning Bill,

I sincerely XXXXX XXXXX my delay in getting back to you. Yesterday was my daughters birthday and our family went out and celebrated it last evening.

The church is no doubt organized under a non-profit corporation, and I must also presume that the church Board is also the corporate board for the entire organization.

While it is certainly possible, I would be surprised if the children's learning center were as separate corporation, and more likely is that the center is under the church legal organization as well.

While for sake of the operation of the learning center, the church may have seen fit to create an operational board to oversee the day to day operations of the learning center, if the relationship between the center and the church is as I suspect, they are not distinct legal entities, but rather the learning center is under the corporation umbrella.

If that is correct, then that would mean the corporation's Board would legally have access to all personnel files and payroll information for all employees of the corporation, including those employees working at the children’s learning center.

While I certainly empathize with you and your wife's position, and your feelings that for the board of the corporation to know the details of your wife's W-2----and W-4 as well as the documents she submitted to show she was eligible to work in the US when she was hired-----would constitute an invasion of your privacy, the fact remains that legally, the church is your wife's employer for tax purposes, and the church owns the learning center, and as such under the laws of the state of Pennsylvania, the Board has the right to access all church employee records, including payroll documentation. I'm sorry.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

You may reply back to me using the Reply to Expert link if you have additional questions.

Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation.

Thank you,

Doug





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Doug

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