Member rights when their spouse is an employee

[Louise]

Our organziation has one employee. A member has applied for this position. A Board member wants to write into the contract that the applicant's spouse (who is also a member of the organization) will keep their nose out of the organization's business if the applicant is hired.

My thought is that the applicant/employee is not the spouse, and that as a member, the Board member is out of order for wanting to restrict the spouse's rights as a member simply because their spouse is a (potential) employee of the organization.

Am I right on this, or does this go beyond the scope of RONR?

[Rev Ed]

You cannot limit a member's rights like this. The only way would be to amend the By-laws to limit any potential "conflict of interests" which would stop the member from trying to gain from the situation. Although it sounds like there is more to the situation than a member's spouse being a potential employee.

[Louise]

I thought as much. Thank you.

And yes, you're quite right about there being more to this situation. There is a major personality conflict between this Board member and the spouse of the potential employee/member.

[Rev Ed]

In this case, I suggest the organization contact a lawyer who specializes in employment law to see if there are options. For example, if you hire the candidate and her spouse causes issues can you terminate and/or suspend the employee. I'd say no, but I am not an employment expert and it may all depend on the situation.

[Louise]

In this case, I suggest the organization contact a lawyer who specializes in employment law to see if there are options. For example, if you hire the candidate and her spouse causes issues can you terminate and/or suspend the employee. I'd say no, but I am not an employment expert and it may all depend on the situation.

Thank you. I will have to find out exactly what the Board member's concerns about the spouse first.