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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I am being terminated from my job in a non-profit organization

Customer Question

I am being terminated from my job in a non-profit organization where I report to the executive director. Reason being given for the termination is due to the financial state of the organization. All six employees were reduced to part-time two weeks ago. Board of Directors is insisting that the Executive Director fire me and another employee. Once that is done, the other two previously FT employees will go back to full-time status. Is this legal? Also, can either the Executive director or Board of Directors fire me or just the Executive Director (has responsibility for hiring and managing staff)?

Also my wor
Submitted: 4 years ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 4 years ago.

Thank you for your question. Please permit me to assist you with your concerns.

In terms of hiring and firing, the bylaws of the non-profit define who has such authority. If in the bylaws it is silent as to who has such authority, then the Board can legally designate which officer or officers are in the organization to have such authority in this case. You would need to review the bylaws and if they expressly state that the Executive Director has such rights, then only the the Director can do it. The Board generally only has the ability to hire or fire officers, not other employees of the non-profit.

As for the legality, I am afraid that unless your termination is somehow discriminatory (for example it is based on your age, gender, race, religion, national origin, creed, or disability if any), you can be terminated at any time and without cause. And they can indeed place such strings on your termination, which I realize is unfair to you but is not against state law.

Good luck.

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