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Ask Asad Rahman Your Own Question
Asad Rahman
Asad Rahman, Lawyer
Category: California Employment Law
Satisfied Customers: 1522
Experience:  Practicing Attorney with 10 years experience
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I am the CEO of a nonprofit corporation and have been for

Customer Question

I am the CEO of a nonprofit corporation and have been for the past 32 years. I have basically built the agency from a tiny operation into one that now owns two buildings and has in excess of $3M in unrestricted reserves.
Recently one of the County supervisors attempted to take us over but failed due to built in federal and state protections. He now has claimed that we have a lack of transparency which is not shared by our primary funder. He has embarked upon a smear campaign with the news media and others all of which have failed.In spite of our having done no wrong doing, I am concerned that one of my board members is attempting behind the scene to negotiate some type of solution where there is no problem. In exchange for my resignation, the supervisor would agree to cease all further actions against the agency. Since there has been no wrong doing by the agency, his efforts have all failed miserably.
The errant board member who is ignorant of both the agency and politics is personally friends with this supervisor and I fear she is unilaterally going to him to negotiate some type of deal. My board President, kind of alluded to this when I met with her a few weeks ago and said that I should look for a good labor law attorney.In the event that some type of deal is reached requiring my resignation I assume some type of severance package would be offered which will be inadequate. Given the circumstances, if this situation comes to pass can I respond to the board that I will have to have my own legal counsel review any proposal? Our own agency legal counsel has taken issue with this supervisor and explained repeatedly that there has been no wrong doing yet she would probably be the one the board would use to contest any legal action on my part. What I would like my attorney to say is a counter offer much higher than I anticipate my board offering me along with the threat of legal action if their request for my resignation is not rescinded. In your opinion is this the right approach? The bylaws state that the board hires and fires the CEO and is supposed to annually evaluate me but they haven't done so for the past three years. In advance of this happening what should I be doing? I don't want to bother an attorney about something that may never happen, however, I want him/her to be ready should things happen as I suspect.
Submitted: 6 months ago.
Category: California Employment Law
Expert:  Asad Rahman replied 6 months ago.
I am sorry about your situation. The board member is breaching their fiduciary duty by his actions but the board has to be willing to pursue the claim. Yes you should have your own attorney review and negotiate any settlement that involved your resignation. You right now need to identify and writing down any wrongdoing or illegal acts by the board or organization as leverage points should court action need to be filed.
Expert:  Asad Rahman replied 6 months ago.
*and be writing down...

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