Legal Question in Employment Law in New York

I have been offered a position as vice president of institutional advancement and executive director for the foundation of a local college. The foundation is an IRS ceritfied 501c3 non-profit organization.

As VP and Executive Director, I would be the highest officer at the foundation. I would manage and supervise a staff of 16. I would have full responsibility for meeting all fundraising goals for the foundation. In this position I must put together a 5 year capital campaign plan to raise 7 million dollars.

I will report directly to the president of the college, and my position would be among the highest executive positions at the college.

I have been told this position is being offered only as an "At Will" employee. I have been a fundraising professional for 15 years, and in fact I am a Director of Development at one of the largest foundations in New Jersey. ALL the VPs at my foundation have multi-year employment. contracts I have colleagues who are also VPs at other foundations and who also have employment contracts. None of them is an "at will" employee. Emplyment contract for VP level positions are considered standard at foundations.

My question is: Should I press for an employment contract to accept the position?

I believe there is far too much risk to accept the position as an At Will employee, and also find it very unusual that this foundation would consider a high level executive as a "plain" at-will employee. FYI, most of the employees that I'd supervise are all union employees, which adds insult to injury as they would have far more job security than the person who would be responsible for raising the funds to finance all operations and programs at the foundation, including raising money for salaries of union employees.

Thank you for your response.


Asked on 10/11/10, 2:38 pm

1 Answer from Attorneys

Arnold Nager Arnold H. Nager, Esquire

Congratulations on your accomplishment.

However, I would suggest you look before you leap.

It sounds as if you have accurately assessed the risk involved in such employment.

Good luck.

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Answered on 10/16/10, 2:57 pm


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