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Does the Board if Directors have the right to fire an employee,

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when the By laws state...
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: 8 years ago.Category: Business Law
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9/4/2009
Business Lawyer: lwpat, Attorney replied 8 years ago
lwpat
lwpat, Attorney
Category: Business Law
Satisfied Customers: 25,387
Experience: Attorney with over 35 years of business experience.
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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.
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Customer reply replied 8 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.
Business Lawyer: lwpat, Attorney replied 8 years ago
I understand but that does not matter. The board has the authority to fire regardless.
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Customer reply replied 8 years ago
But if the By-Laws require a performance evaluation does this not constitute a contract?
Business Lawyer: lwpat, Attorney replied 8 years ago
I will opt out and give other experts the option to reply.
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Business Lawyer: lwpat, Attorney replied 8 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.
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Customer reply replied 8 years ago
Can someone answer anwer my question?
Business Lawyer: Infolawyer, Attorney replied 8 years ago
Infolawyer
Infolawyer, Attorney
Category: Business Law
Satisfied Customers: 58,056
Experience: Experienced lawyer
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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
Infolawyer, Attorney
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