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ScottL6 (Virginia)
Posts: 3
Posted:
Please help! My BOD with a majority vote passed a "staff resolution" to fire the community manager without cause! Has this happened in any of your communities where with out giving "clear" written guidance of job description in the sense what "produces" were to be delivered to the BOD? I am ashamed at the lack of "due process" in this case. Please advise. There is a meeting that with take place "very soon" and I would like to hear reccommendations to ensure that NO ONE DIRECTOR has a private agenda.....
TimB4 (Tennessee)
Posts: 21,046
Posted:
Typically the contract would describe the duties and/or expectations.
Since the community manager was an independent contractor and not an employee, the manager should have had a written agreement identifying what they would and would not do. If the manager had no contract - I would have doubts about the manager.

Bottom line is:
Community managers work for the Board.
If the contract allows dismissing without cause then that is allowed.
If the end of the contract came and wasn't renewed, the Board doesn't have to give a reason other then they chose not to renew the contract.

If you are not on the Board - there may be reasons you are unaware of.

ScottL6 (Virginia)
Posts: 3
Posted:
Our community manager is a home owner and an employee of the Association. I have been made privy to the EXEC session where the conversation was "all about firing him" without a sound reason. When the conversation with the CM about the BOD decision happened is was done with all nine Directors and the CM behind closed doors after the Special Meeting had adjourned. No contract was entered when he was given the position.
TimB4 (Tennessee)
Posts: 21,046
Posted:
Well, being done in executive session (i.e. behind closed doors) would be proper. If there was no written contract, then it's considered a month to month contract.

Was your community manager licensed as required under VA ยง 54.1-2346?

If not, this could be the reason.

Was a new manager or management company hired?

If not, perhaps the Association wanted to save money and become self managed.

I could go on guessing reasons. However I wasn't involved in the process so it would be nothing but guessing. I am of the expectation that you are a friend of the individual who was dismissed and I know that you want to support that friend. Have you considered that their was a reason but the friend doesn't want to repeat the reason why due to embarrassment? Perhaps this is why the Association is being silent about the issue as well.

No matter what the reason was (or if there was no reason) you can still support your friend by being there for them. When they are ready to talk, they will. It's also possible that they never will talk about it and you will never know the real reason.

Your option, as I see it, is to gather support and get yourself and other like minded people elected to the Board. Then if you want to rehire this individual - you will be in a position to do so.

Tim
ScottL6 (Virginia)
Posts: 3
Posted:
Thanks Tim... I believe that the issue that I am having is a procedural problem with how the board went about firing him without so much of a written/oral warning, written notice of dissatisfaction of services, or a simple set of expectations. I have been all over the "written" documents in search of something that dictated removal. I have found NO good reason to leave the vacancy of the Community manager other than to serve to someones personal agenda.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Well, if someone had a "personal agenda" that person convinced other board members that the manager should be let go.

Perhaps they wanted to hire someone more professional.

Anyone who would take a position like that without a contract can't be too business savvy.

BradP (Kansas)
Posts: 2,640
Posted:
Scott:

I am not versed on employment laws of your state, if the manager didn't have a contract then he more than likely was an at will employee who could be let go for no reason. Is it right, I don't believe so, I think that is the coward's way of dealing with people. But at the end of the day if that was the case not sure there is any recourse unless you can prove some time of discrimination. If he had a contract that is a whole other ball of wax.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Was he fired or was he asked to resign? Was there an arrangement to pay him through to a specific time? Will the BOD give him a positive reference if asked to do so?

Stuff like this happens all the time.

SteveM9 (Massachusetts)
Posts: 3,699
Posted:
People get fired all the time. I'm "sure" there were reasons, you just dont know about them.
MikeS1
Posts: 521
Posted:
I guess the question is... Was there an employment contract. Virginia is an "At Will" "right to work" state with an exception of Implied Contract. Under the implied contract exception, an employer may not fire an employee "when an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists." Proving the terms of an implied contract is often difficult, and the burden of proof is on the fired employee. Implied employment contracts are most often found when an employer's personnel policies or handbooks indicate that an employee will not be fired except for good cause or specify a process for firing. If the employer fires the employee in violation of an implied employment contract, the employer may be found liable for breach of contract.
TimB4 (Tennessee)
Posts: 21,046
Posted:
Mike,

I suspect that they were considered an independent contractor and not an employee.

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