Legal Question in Business Law in New York

Non-profit Board of Directors

Does the President of a not-for profit CAA Board have the right(legally) to conduct an investigation of an employee without getting prior permission from the Board of Directors or going through the process outlined in the Employee Handbook?


Asked on 1/04/01, 9:19 am

1 Answer from Attorneys

Andrew Campanelli Perry & Campanelli, LLP.

Re: Non-profit Board of Directors

The answer depends upon several factors including, but not limited to (a) the powers vested in the directors by the documents submitted to the secretary of state in forming the not-for-profit corp; (b) any and all agreements, resolutions or other agreements vesting powers in the CAA's board of directors and/or the president himself, (c) the language contained in the "employee handbook"; (d) the reasons for which the investigation was conducted; (e) the scope of the investigation; and (f) what actions, if any, did the president or the CAA take as a result of the invesitgation. Without this information, I cannot tell you whether or not the president has the right to conduct some form of investigation, or, even if he did, whether or not he exceeded any limited right of investigation he might have possessed.

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Answered on 1/05/01, 10:51 am


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