K.H. from outside of Connecticut writes:
Dear Mister Condo,
If our resident manager is an at will employee and he does not respond and work well with the Board President, can he be terminated without a lawsuit? The building is not functioning properly because of this non-communication issue.
Mister Condo replies:
K.H., the short answer is “yes, but it depends”. Different states have different laws on employment practices but, generally speaking, any employee of any business can be terminated for just about whatever reason the business sees fit. However, there are a slew of federal employment laws which must be observed as well as state and local laws. If your association employs legal counsel, it would be wise to speak with the association attorney before making a decision. If the communication issue has to do with ethnicity or any other trait that could lead to discrimination charges, my advice would be to tread lightly. Lack of communication aside, if the employee is performing poorly, the association is likely well within its right to terminate the employee. However, speaking with an attorney before making the decision to terminate could save the association a great deal of money if the employee decides to sue after termination, especially if there is the appearance of discrimination. Good luck!