employee firing privy only to florida condo BOD

Started by RobertR24 • 7 replies • 1504 views

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RobertR24 (Florida)
Posts: 2

Posted:

My Florida condo Board has summarily fired a multi year employee and will not disclose the reason due to "possible liability issues"???
Anyone have experience with this or can you tell me if this is valid or not??? thak you

MelissaP1 (Alabama)
Posts: 13,836

Posted:

I don't think they need to disclose it. You did not hire them the BOD did. Our state you can be hired or fired for any reason. Was this an employee of the MC or an actual HOA employee? Most HOA's are volunteer only and hire contractors.

Former HOA President

RobertR24 (Florida)
Posts: 2

Posted:

he was a 17 year employee fired for "reasons unknown to the community" and the condo community wants to know the reason, and, if not valid, have him rehired....he was an employee of the HOA

SheliaH (Indiana)
Posts: 6,964

Posted:

Generally, employer/employee issues are considered private precisely because of "possible liability issues" (people sue all the time for all kinds of reasons). As Melissa said, the board of directors hired the guy and have a right to fire him as well - hopefully, they did so for cause (if not, it'll come back to bite them in the ass anyway)

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By RobertR24 on 07/23/2017 11:33 AM
he was a 17 year employee fired for "reasons unknown to the community" and the condo community wants to know the reason, and, if not valid, have him rehired....he was an employee of the HOA

Sounds like some will have to be willing to serve, gather support and be on the Board so they have access to all this information and be part of the decision process.

I understand liking someone who appears to be a good employee.
However, if they were linked to drugs, child abuse, etc. would you want them around?

What if it was simply rumored that they were involved with such.
Should the Association take the chance that something may or may not happen?

Additionally, are you willing to foot the bill for any legal action as a result of such info being released or if something happened and the Association was negligent for not firing the individual?

GenoS (Florida)
Posts: 4,276

Posted:

In Florida the board can hold closed meetings to consider employee issues. They need only to disclose their decision, not their discussions or reasoning. If the owners aren't happy with the decision they can vote to recall the directors and replace them with ones who will re-hire the guy. Or wait until the next election and do the same.

JanetB2 (Colorado)
Posts: 4,219

Posted:

Quote:

Posted By GenoS on 07/23/2017 3:46 PM
In Florida the board can hold closed meetings to consider employee issues. They need only to disclose their decision, not their discussions or reasoning. If the owners aren't happy with the decision they can vote to recall the directors and replace them with ones who will re-hire the guy. Or wait until the next election and do the same.

Yep Geno hit the nail on the head ... Would add that before any re-hire new BOD would need to review the "private employee" records to make sure reason for being fired. For example if the employee was caught maybe stealing, would you want to rehire??? You also might feel foolish recalling a BOD and dividing your neighborhood only to find out the recalled BOD was properly doing its job. Just something to think about ...

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