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About Harvey Mechanic
Expertise
US Federal tax issues of nonprofit 501(c)(3) public charities only. Establishing and maintaining legal requirements for such non-profit organizations in the United States, including Internal Revenue service filings and requirements. I will not be working on this free forum to answer questions about Nonprofit's unrelated or for-profit businesses or how to fill out forms. This forum is only for general questions about federal tax law, not as the law applies to your specific situation. To search my previous answers you can do a Google search:
site:allexperts.com/q/nonprofit
[with your other search terms appended].

Experience
I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar.

Education/Credentials
B.S. Columbia University in New York City, 1970

J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude

 
   

You are here:  Experts > Real Estate > Tax Planning: U.S. > Nonprofit Law > firing a employee

Nonprofit Law - firing a employee


Expert: Harvey Mechanic - 10/23/2009

Question
Are non-profit organizations in Pa, required to have a board of directors? If so does the board terminate a employee or is it done by the owner/ceo?

Answer
If you are referring to a nonprofit corporation, yes, it is required to have a board of directors.

Search (Control-F)
on
http://snipurl.com/4663n for 5301 at about 40% of the way down
that page to go to section 5310 which is the start of the
Pennsylvania Statutes for Nonprofit Corporation law

but specifically as to your issue
http://bit.ly/3S3lg
---Start of Excerpt--
 Unless otherwise provided by statute or in a bylaw adopted by
    the members, all powers enumerated in section 5502 (relating to
    general powers) and elsewhere in this subpart or otherwise
    vested by law in a nonprofit corporation shall be exercised by
    or under the authority of, and the business and affairs of every
    nonprofit corporation shall be managed under the direction of, a
    board of directors. If any such provision is made in the bylaws,
    the powers and duties conferred or imposed upon the board of
    directors by this subpart shall be exercised or performed to
    such extent and by such other body as shall be provided in the
    bylaws.
---End of Excerpt--

An employer may arrange how it sees fit, or in accordance with the employment contract, how an employee may be terminated, whether the corporation is a for-profit or a nonprofit.

Harvey Mechanic, Attorney at Law -
Harvey108@hotmail.com  

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