conflict of interest?

[denibeans63]

What is the name of your state (only U.S. law)? ny

I am not even sure if this is the right place to post, so pls advise if another is more suitable. I work for a non profit and one of our services is to help our clients, who have been exploited adn traumatized in the past find employment. We are very careful about what kind of work they are placed in. A board member has taken issue wiht the fact that I would not place a client in her home to be a personal housekeeper because of many issues: (taxes, employee rights, lack of training, potential liability, etc). My main issue however is that I see this as a conflict of interest. A board member hiring a client of the board she serves on. What if something DID happen or was percevied to have happened? how would that look? She doesn't think it is a conflict and has threatend to "force me" to follow up if she and one other board member don't see it as a conflict? any opinions/ideas? thanks

 

[swalsh411]

I don't see any legal issues here. This is a matter of internal politics and policy.

 

[eerelations]

Maybe it looks bad, maybe it doesn't, but however it looks, it's not illegal.

As an employee you are expected to do anything your employer requires you to do as long as whatever your employer requires you to do is not illegal. If you refuse, your employer may legally fire you for insubordination.

Given that what this board member wants you to do is not illegal, your choice is to either do it, or continue to refuse and risk being fired.

 

[ESteele]

This is a difficult and delicate situation extending beyond simply the underlining potential legal considerations.

If placing the client in the board member’s home as a domestic would unmistakably violate a law or laws in the State of New York, then you could have the basis a potential breach of public policy wrongful discharge if your employer fires you for refusing to effectuate the apparently unlawful placement. However, if it is not against the law, then you would probably not have any basis for challenging your likely termination. Before making such a decision, I would strongly urge you to consult with an experienced employment law attorney directly.

You may have to decide whether you will choose to “stand before the tank” here. If the only issue on the line is an amorphous “conflict of interest,” then you may want “to get out of the way,” even if you clearly perceive a disaster looming for the client and/or the agency. (You have already noted your objection. You have apparently fulfilled your duty by sounding the alarm. Your conscience should be clear.) Absent possible grounds for a breach of public policy claim, you may put your job on the line for principle but without any legal recourse.

 

[mlane58]

If placing the client in the board member’s home as a domestic would unmistakably violate a law or laws in the State of New York, then you could have the basis a potential breach of public policy wrongful discharge if your employer fires you for refusing to effectuate the apparently unlawful placement. However, if it is not against the law, then you would probably not have any basis for challenging your likely termination. Before making such a decision, I would strongly urge you to consult with an experienced employment law attorney directly.

Allright-enough! there isn't any law in NY or any other state that this senario would violate. You need to either provide sound advice (which this isn't) or quit spewing your line of bad possibles. There isn't a public policy violation or any other law being broken here.

 

[denibeans63]

ok. part of this is my fault. I am not worried about being fired, a board member cant fire me and there would be no grounds. I am questioning the "conflict of interest" part _ i know that no laws are being broken. I am wondering is it a conflict of interest - similar to say a Dr employing a patient as his child's babysitter, or something like that??? I was unsure as to where to post the topic...but it sure got some responsese!

 

[mlane58]

ok. part of this is my fault. I am not worried about being fired, a board member cant fire me and there would be no grounds. I am questioning the "conflict of interest" part _ i know that no laws are being broken. I am wondering is it a conflict of interest - similar to say a Dr employing a patient as his child's babysitter, or something like that??? I was unsure as to where to post the topic...but it sure got some responsese!

A conflict of interest can only be determined by your organization or the policies it sets.

 

[ESteele]

The OP stated, “A board member has taken issue [with] the fact that I would not place a client in her home to be a personal housekeeper because of many issues: (taxes, employee rights, lack of training, potential liability, etc).”
Conceivably, if the placement or the employment runs afoul of state tax law (e.g., paying the client “under the table&#8221 and/or contravenes state labor law (e.g., failure to pay the state minimum wage), the OP could have a potential breach of public policy wrongful discharge claim if she was fired for not placing the client in such a situation. Cf. Hogan v. 50 Sutton Place South Owners, Inc., 919 F.Supp. 738 (S.D.N.Y. 1996); Leibowitz v. Bank Leumi Trust Co., 152 A.D.2d 169, 348 N.Y.S.2d 513 (N.Y. App. Div. 1989).

Respectfully, for the above-mentioned reasons, I do not agree at all that such possibilities constitute “bad possibles (sic)” in New York or in other states which have recognized the public policy exception to the employment at-will doctrine.

 

[Beth3]

Agree with mlane (on both her responses.) Many conflicts of interest are a matter of opinion. At the end of the day, it's the opinion of the Board that counts here.

All you can do is express your concern that placing a client to work for a Board Member may be a conflict of interest - or quite simply look bad to anyone outside the agency or who has oversight of the agency. After that, it's out of your hands.

Whether you dig your heels in on this issue is up to you but if the Board says to do this and you refuse, they may well fire you for insubordination.

 

[Beth3]

Conceivably, if the placement or the employment runs afoul of state tax law (e.g., paying the client “under the table”) and/or contravenes state labor law (e.g., failure to pay the state minimum wage), the OP could have a potential breach of public policy wrongful discharge claim if she was fired for not placing the client in such a situation.

Uh, where did the OP say the client would be paid under the table or not be paid minimum wage? You're raising issues on facts not remotely in evidence and confusing the issue.

 

[Zigner]

The OP stated, “A board member has taken issue [with] the fact that I would not place a client in her home to be a personal housekeeper because of many issues: (taxes, employee rights, lack of training, potential liability, etc).”
Conceivably, if the placement or the employment runs afoul of state tax law (e.g., paying the client “under the table”) and/or contravenes state labor law (e.g., failure to pay the state minimum wage), the OP could have a potential breach of public policy wrongful discharge claim if she was fired for not placing the client in such a situation. Compare Hogan v. 50 Sutton Place South Owners, Inc., 919 F.Supp. 738 (S.D.N.Y. 1996); Leibowitz v. Bank Leumi Trust Co., 152 A.D.2d 169, 348 N.Y.S.2d 513 (N.Y. App. Div. 1989).

Respectfully, for the above-mentioned reasons, I do not agree at all that such possibilities constitute “bad possibles (sic)” in New York or in other states which have recognized the public policy exception to the employment at-will doctrine.

Well, if you want to go making up "facts" to support your case then, conceivably, they can run afoul of child labor laws if they send a 7 year old to do the work. Or, heck, they could run afoul of criminal law if they send severed body parts...

Seriously, you were WRONG. Adding non-existent "facts" doesn't make you right.

 

[mlane58]

Compare Hogan v. 50 Sutton Place South Owners, Inc., 919 F.Supp. 738 (S.D.N.Y. 1996);

Yo the plaintiff lost at summary judgement here chief.

Leibowitz v. Bank Leumi Trust Co., 152 A.D.2d 169, 348 N.Y.S.2d 513 (N.Y. App. Div. 1989).

This case deals with a person's national origin/religion and has nothing whats so ever to do with the OP's question/s or issue.

Enough said, what a maroon.

 

[ESteele]

No one knows here what the “taxes” or “employee rights” concerns referenced in the OP, except for denibeans63. I offered examples of possibilities involving not uncommon tax and employee rights issues in a work context.

If these undisclosed concerns relate to violations of the law in New York, then she has a “the basis a potential breach of public policy wrongful discharge if your employer fires you for refusing to effectuate the apparently unlawful placement,” as I stated originally. I also stated earlier, “[h]owever, if it is not against the law, then you would probably not have any basis for challenging your likely termination.”

The other posters apparently believe there is absolutely no possibility that the OP's concerns could involve violations of state law which could potentially support a breach of public policy claim. I respectfully disagree. The a constellation of possibilities exist.

 

[mlane58]

No one knows here what the “taxes” or “employee rights” concerns referenced in the OP, except for denibeans63. I offered examples of possibilities involving not uncommon tax and employee rights issues in a work context.

If these undisclosed concerns relate to violations of the law in New York, then she has a “the basis a potential breach of public policy wrongful discharge if your employer fires you for refusing to effectuate the apparently unlawful placement,” as I stated originally. I also stated earlier, “[h]owever, if it is not against the law, then you would probably not have any basis for challenging your likely termination.”

The other posters apparently believe there is absolutely no possibility that the OP's concerns could involve violations of state law which could potentially support a breach of public policy claim. I respectfully disagree. The a constellation of possibilities exist.

Sure it does chief

 

[Proserpina]

No one knows here what the “taxes” or “employee rights” concerns referenced in the OP, except for denibeans63. I offered examples of possibilities involving not uncommon tax and employee rights issues in a work context.

If these undisclosed concerns relate to violations of the law in New York, then she has a “the basis a potential breach of public policy wrongful discharge if your employer fires you for refusing to effectuate the apparently unlawful placement,” as I stated originally. I also stated earlier, “[h]owever, if it is not against the law, then you would probably not have any basis for challenging your likely termination.”

The other posters apparently believe there is absolutely no possibility that the OP's concerns could involve violations of state law which could potentially support a breach of public policy claim. I respectfully disagree. The a constellation of possibilities exist.

NONE of which have been mentioned.

Seriously - can you provide specific state law or public policy, in any state, that would be violated in the poster's situation?