Can a new board president of a non profit request that the current Executive Director interview to keep their job?
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Can a new board president of a non profit request that the current Executive Director interview to keep their job?
I have filled the role of Executive Director at a non profit animal shelter for the past 2 years. There has been a large turn over in the board and the new board president offered me a raise from 13,000 a year to 45,000 a year with the stipulation that my hours are less flexible. Due to familiarity with the budget and the knowledge that this is not what is best for the organization, I turned it down and asked that they have a discussion with me about the current finances and operations before making any big changes. They in turn asked me to list my position. When asked, they explained that they were not replacing me , but just wanted to see what options were available and would most likely hire some one in a part time position instead that would replace me in a year of so when I was ready to step down. They have avoided conversations with me about this position and I have expressed that I feel like I am being pushed out. I also let them know that if they were hiring someone under me, that is my responsibility and I should be doing the hiring. They have now asked to to come in for an interview next week along with a few other applicants. Can they make me interview for my position even though I already hold it? They told me that is they should choose someone else they would be changing my job description. I explained to them that I did not they could just change my duties and my title, they would need to offer me a new position and I would then have to accept it. My interview is Sunday and I could really use some advice. They are micromanaging operations and making decisions about the day running of the animals shelter. Many of these decisions are uneducated and make running the animal shelter more difficult for staff. PLEASE HELP.
Asked on March 2, 2017 under Employment Labor Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The following answer assumes that you do not have a written employment contract. If you do, you have whatever rights the terms of the contract give you.
Without a contract, you are an "employee at will." That means that your employer, not you, makes all decisions about your job (the only decision you can make is if you want to stay or will resign). They can terminate you at will; can make you reapply or reintereview for a job you already hold and then give the job to someone else; they can demote you, change your title and position and responsibilities; even if the retain you, they can hire your assistant or subordinate for you and give you no coice in the matter; etc.
Yes, they may be making bad decisions--even disasterous ones. But the owners of a company or the board of a nonprofit (or corporation) are legally allowed to make bad decisions and manage things poorly.
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