Hi Ho the witch is dead

Started by LaskaS • 5 replies • 497 views

💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

⚡ Takes 30 seconds

Already a member? Log in

LaskaS (Texas)
Posts: 1,025

Posted:

ok,, I know I wasn't supposed to gloat anymore.

but, thank got the property manager is gone!. he was fired today..( I , as I agreed, did not make an appearance or stand outside and wave goodbye)

tomorrow is a new day.. The new property manager starts tomorrow. She actually worked here for a couple of months after harvey. She was really good, really smart . Originally left because she continued to bring up to the then unilaterally acting president they were acting outside of their legal authority...

anyway..if you can believe it. The current president ,who was always covering for and defending the now terminated property manager despite overwhelming evidence to the contrary, got the board to agree to pay the property manager two weeks severance. The board went back and forth and decided to offer him two weeks severance on the condition that he sign a separation agreement . The separation agreement was written by the president and is very basic.
1. agree to give back all of the hoa's documents and property that may be in your possession.
2. agree to keep confidential any information relating to ongoing litigation that you may have learned as a result of your employment . (the hoa is being sued.. we are countersuing, we aren't hiding anything or doing anything wrong that we dont want him to talk about, it's just a standard keep confidential clause)
3. agree to hand over all passwords, access keys, credit cards , petty cash
4. agree that by signing this agreement you agree that you have no further claims against the hoa.
5. upon signing the agreement you will be paid two week severance.

ok.. so I understand, he is under no obligation to sign it. that's fine.
however. If he doesn't sign it. Then we don't pay him severance!

so today, he gets fired and he refuses to sign the separation agreement.
the president is now saying that we should give him a week to think about it!..

is this as ridiculous as I think it is. ?? we have done nothing wrong.. we aren't hiding anything, he is going to file for unemployment whether he signs or not, i'm sure. So why in the heck would be give him another opportunity to come sign the agreement and pick up two weeks pay?!?!?! we already go the locks changed and changed the passwords.

I told the president, If he feels so sorry for the guy, start a gofundme for him.. I find it insulting that the president is willing to use hoa funds. homeowner money. to pay severance to a completely incompetent , toxic, lying property manager

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Well this should been in original contract. Plus there is usually a termination notice time line. Most are 30 days. You can not necessarily randomly fire someone if under contract unless violation of terms are established.

So not unusual to give 2 weeks notice so can get things in order. It is irrelevant to anyone if choose to file unemployment. That is another process entirely.

Former HOA President

LaskaS (Texas)
Posts: 1,025

Posted:

again,, I'm sorry for the confusion.

our condominiums have an onsite property manager who is an employee of the association.

this is an individual.

we also employ a management company that does our accounting only.

so employee did not have a contract.

LaskaS (Texas)
Posts: 1,025

Posted:

I mean, we also have a contract with a management company that does our accounting only. To terminate that relationship, yes there are stipulations in the contract..

PaulJ6
Posts: 990

Posted:

The board handled the property manager's termination like a lot of companies would. I wouldn't focus on that.

The president stealing is a much bigger (and more actionable) issue, in my view.

AugustinD
Posts: 5,144

Posted:

Quote:

Posted By LaskaS on 03/04/2020 9:40 PM
The board went back and forth and decided to offer him two weeks severance on the condition that he sign a separation agreement . The separation agreement was written by the president and is very basic.
1. agree to give back all of the hoa's documents and property that may be in your possession.
2. agree to keep confidential any information relating to ongoing litigation that you may have learned as a result of your employment . (the hoa is being sued.. we are countersuing, we aren't hiding anything or doing anything wrong that we dont want him to talk about, it's just a standard keep confidential clause)
3. agree to hand over all passwords, access keys, credit cards , petty cash
4. agree that by signing this agreement you agree that you have no further claims against the hoa.
5. upon signing the agreement you will be paid two week severance.

so today, he gets fired and he refuses to sign the separation agreement.

You folks did not have an attorney look over this separation agreement, did you? A layperson might interpret the part that disallows further claims as meaning she or he cannot apply for unemployment insurance. I think it is likely that asking an employee to agree to not apply for unemployment insurance is not lawful. Plus I would bet that, when this employee applies for unemployment compensation, the state unemployment civil servants are going to look at your COA board cock-eyed.

I think your board should be documenting everything that this (now former?) employee does.

Your new manager sounds great.

Thank you for the update. Maybe all of this will be instructive on the subject of employment law, especially in "at will" states.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

✓ Ask follow-up questions
✓ Share your experience
✓ Get expert advice
✓ Access 350,000 discussions

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here