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ANDREA
ANDREA, Attorney
Category: California Employment Law
Satisfied Customers: 12554
Experience:  JD, LLM (Federal Taxation); Employment Law, Employment disputes
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If I am President of a non profit organization and I am about

Customer Question

If I am President of a non profit organization and I am about to get voted out of office, can I protect the existing employees from termination by writing an employment contract that defines length of term and severance package should they be let go? Will it be enforceable by new members of board, will the EE's be safe? Do I have to offer to all employees or can I just pick certain positions that I feel would cripple the organization, should they be vacant for any period of time. This will void the At-Will status?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  ANDREA replied 1 year ago.
Hi, my name is ***** ***** I will be glad to Answer your question and the only thing I ask in return is that you leave a positive rating which will NOT cost you anything, so that JustAnswer gives me credit for assisting you, Fair enough ?
Please allow me to Answer your last question first. You asked,
This will void the At-Will status?
ANSWER -
Any time that an employer and employee enter a written Employment Agreement for a set period of time, the employee is no longer an "At Will" employee and can be terminated only for good cause shown, or for any reason which is enumerated in the Employment Agreement;
You also asked,
2. Can I protect the existing employees from termination by writing an employment contract that defines length of term and severance package should they be let go?
ANSWER -
Assuming that the President, the position which you now hold, is permitted under the By-Laws which outline the duties, rights and responsibilities of the President, permit the President to enter into employment agreements with employees. If this power is qualified by requiring the approval of a Board of Directors, or any other body, then their approval would be necessary before the employment agreements were given full force and effect;
3. Will it be enforceable by new members of board, will the EE's be safe?
ANSWER - Assuming that no other approval is necessary, or that any necessary approval of employees and Employment Agreements has been obtained, then the Employment Agreements will be fully enforceable;
4. Do I have to offer to all employees or can I just pick certain positions that I feel would cripple the organization, should they be vacant for any period of time.
ANSWER -
You would have to be very careful not to show any bias for or against any particular class of employees. If you qualified your selection with a statement which explains the reason that certain employees or certain positions had the benefit of an Employment Agreement while another category of employees did not have the same benefit of a written Employment Agreement. You could use certain words or phrases to convey the idea that certain positions were "key" to the "continued and effective operation of organization and in order to pursue and continue the purposes for which the Non-Profit company was organized and that without these key employees the purposes of the company would not be able to be accomplished and would cause the organization to lose its non-taxable status.
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ANDREA
Expert:  ANDREA replied 1 year ago.
Hi,I see that you have had the opportunity to read my Answer. Is there anything you would like me to clarify ? If not, please be kind enough to leave a positive rating. It will NOT cost you anything, and it is the only way that the website will give me credit for assisting you. Thank you for understanding,
Kindest Regards,
ANDREA