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Termination of Association employee


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2 minutes ago, Wostro said:


My association has an employee that needs to be terminated. Our bylaws only refer to hiring and fixing compensation. Its states when not covered by the by laws refer to Robert's. What rules according to Roberts needs to be followed? Or is it not covered in Roberts and only by state and federal law....


Thank you

There are no rules in RONR directly related to the firing of employees, just as there are no rules in RONR directly related to the purchase or sale of property, or the endorsement of candidates for office, or the making of charitable contributions, or anything else you can think of. 

You will need to look to your own governing documents in order to determine who it is who has the authority to take such action, and if it is your membership or your board (as opposed to a single individual), then the decision to do so will have to be made at a regular or properly called meeting of that entity, just as any other decision is made. 

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5 hours ago, Transpower said:

If the board hired the individual, they can fire the individual.  If the assembly hired the individual, then they can fire the individual.  The appointing authority is the dismissing authority.


I agree.

But it's also worth noting that beyond the parliamentary question there are labor laws in any jurisdiction that need to be complied with.  Becoming familiar with them would allow the assembly to avoid making a decision which, although withing their parliamentary right, puts them afoul of the law.

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