How do I protect my professional reputation before I am "set up" to be fired??

I am the director of a PA nonprofit organziation. I have done a fine job going above and beyond my job description throughout my 1 year of employement despite an apathetic and unaccountable board of directors. Individuals associated with the orgnaiztion do not favor my approach of running the organization as a business and are making sever efforts to "chase" me out. After 2 favorable performance reviews I was reviewed again to recieve below average ratings on standards that were never communicated to me. Thus indicating to me they are trying to get rid of me. Most recently I was threatened at a board meeting and have intercepted messages where I was referred to as a "cancer" on the organization. I fear for my professional repuation and feel that I need to stand up for myself before my character is defamed to the public. My health and family are also suffering due to this harrassment in the workplace and lack of protection from the board.

3 answers  |  asked Mar 21, 2011 7:19 PM [EST]  |  applies to Pennsylvania

Answers (3)

Doris Dabrowski
If you and the board cannot rectify the problems, you should try to negotiate an exit package including letters of reference and a non-disparagement clause. An attorney can draft a proposed agreement. The board members should be mindful of their fiduciary duties, including a duty of confidentiality. Disparaging you outside of the organization may support a defamation claim. I urge you to consult an attorney to discuss the factual details and possible
remedies.

Doris Dabrowski, 215-790-1115.

posted by Doris Dabrowski  |  Mar 22, 2011 08:39 AM [EST]
Christopher Ezold
As a follow-up to my prior answer, if separation from the non-profit is necessary, you will need to negotiate an agreement that provides for your severance, does not prevent unemployment compensation, requires confidentiality and non-disparagement, and provides for a release of claims.

Chris

posted by Christopher Ezold  |  Mar 22, 2011 06:14 AM [EST]
Christopher Ezold
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, as a Pennsylvania employee, you are an 'employee at will' - meaning that you can be disciplined, fired, etc., without cause or notice. If you have a contract, the contract may override the 'at will' status of your employment.

It is clear that the relationship between you and the Board has become terminal. Regardless of the legal issues, you should not wait until this comes to a head. Instead, you need to address the negative review, in writing, outlining the lack of direction on the standards to which you are now being held. The response should be brief and fact-oriented.

Next, you should approach the chair of the Board, and advise that person that you are concerned that the relationship is not working out, and whether a discussion regarding separation needs to be had. A Board is not a monolithic entity; the emails you have may be from rogue or ill-informed members. The chair needs to either control the Board, or advise you that the Board is interested in going a different direction. It is not unusual, though, for the decision-makers to avoid the tough decisions until the issue becomes too adversarial to resolve professionally. You will need to force the chair/Board to come to grips with this issue - either to let you do your job, or to provide you with a reasonable severance. Unless you have a contract that states otherwise, you do not have a right to severance - but most nonprofits will not be interested in cutting loose a new executive without cause and no severance - that would make the Board and the organization look bad, and harm their ability to retain future talent.

In sum, life is too short to live in a job that is harmful to your health and family, while trying to satisfy a Board that does not want what you have to offer.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Chair of the Board,
Magellan Leadership Group

The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted by Christopher Ezold  |  Mar 22, 2011 06:12 AM [EST]

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