Legal Question in Employment Law in California

Can an employee of a California nonprofit become a volunteer after our funds run out to pay this person, volunteering to do the same work they were paid for?

I understand that an employee can volunteer at a nonprofit, doing completely separate tasks, and without coercion (being hired only if they volunteer too).

Thank you.


Asked on 3/17/16, 11:25 am

1 Answer from Attorneys
Misty Wilks www.FinancialSolutionsLaw.com

I think that what is imperative is that the work be truly voluntary. You can not make it a condition of her returning to work when there is funding. You can not coerce, intimidate; you probably shouldn't even ask.

If this is going to happen, get everything in writing. I would ask her to acknowledge what I've stated above, and a few more terms. An attorney liscened in your state can help you. It is important that you not violate any labor laws, or open yourself up to a claim for back wages and fees for not paying sooner.

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Answered on 3/18/16, 4:24 am


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