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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 57361
Experience:  Licensed attorney helping employers and employees.
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I am on the board of directors of a non-profit 501(c)3 organization.

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I am on the board of directors of a non-profit 501(c)3 organization. I am also the paid Director of the organization.
Some of the board--consisting of 6 people--- wants to fire me as director. A vote was taken last night in which 3 of the board members voted to fire me. There were 2 votes not to do so.
I was told by the 3 wanting to fire me that I had no right to vote. I challenged that because I am still a board member and have voted on every other proposal for as long as I have been on the board.
So, the question is this-----Did I have a right to vote or not?
Hello, from the facts provided you should have been allowed to vote. There is often a practice to recuse if the subject of the vote or there is a conflict of interest. In any event, the board did not obtain a majority of 4 votes to remove you. You may challenge then on basis of procedure and on basis of lack of votes obtained. The bylaws may further require a super majority or great amount of votes to remove a director, so its worth reviewing.
Wishing you the best. Kindly click on an excellent rating.
Customer: replied 3 years ago.

What does the phrase "often a practice to recuse..." mean? I am not sure what you meant by that in your response to my question. Could you please clarify that for me----thanks.

On many board, if a board member may have an interest in the vote, he or she may choose not to participate. This is often done but not required, unless bylaws and rules of the entity require the member not to vote in such situations. You therefore want to look at the bylaws and rules to see if you had to not participate or merely had the option to. I trust that is clearer and ask that you rate me positively.
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