Seems Like Impossible to NOT Get Fired

[Bartimus]

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

The Situation:
I work for a non-profit in Texas. As with non-profits, we're governed by a board of directors. Of late, members of the board have been coming down hard on the director of the company. So much so that they're trying to make day-to-day operational decisions and control HR practices. Namely "firing" (downsizing) me (my position), another leader in the company. Based on what my director has told me, what they're doing is violating our non-profit status and thus certain board members need to resign -- or at the minimum quit what they're doing. This, of course, would save some jobs as the director is happy with us. There are more details than this, but the company lawyer and the two CPAs we retain back up my director's stance. There's to be a board meeting in the near future that will address the violations and a call to action in regards how the board handles itself in regards to our non-profit status.

Potential Problem:
What I'm worried about is if something comes up and the board decides to fire my director before the board meeting. I'm fairly confident that my director has a valid argument and can get the board where it needs to be. There are just a few members of the board that are the problem right now and I can see them coming to me and asking me, the SysAdmin, to disable my director's access as they fire her. I've been in a situation that if I discuss or act with a member of the board, it is considered insubordination. I was terminated for that (long story there too). I'm also taking into consideration that if my director is fired, the interim could fire me for insubordination if I don't do what I'm asked of by the board. My director believes that at some point that this could be a reality... to deactivate her access... and my appropriate response is "I report to my director and not the board. If the director tells me to deactivate her access, then I will"

The "What do I do?":
What am I supposed to do here? As it stands, if my director stays and does what the board wants, she will downsize my position (probably next week), At least I'll get unemployment insurance this way. But she's pressing the violation issue, so she runs the risk of terminating herself, thus putting me in the position above.

 

[PayrollHRGuy]

If the board votes to immediately terminate the director, the director is no longer your boss. They should immediately name at least an interim director who would have power to come and tell you to disable the now former director's access.

Even if they don't and the board is free to vote and instruct you to terminate the access.

Unless you have something in writing that that instructs you never to take orders directly from the board or a board member I wouldn't hang my hat on that because I'd be willing to bet the nuances of corporate governance is going to be completely lost on the Texas Workforce Commission when you file for unemployment.

 

[commentator]

If I were you, I would immediately far back out of this one, wait and see what happens, and consider whoever comes out on top of this as your supervisor, as in if they fire her and tell you to cancel her access, you cancel her access. If she lays you off (downsizes you, eliminates your position) take it and run, and go find another job, because if you hang around too long, you'll have a really hard time getting unemployment insurance, because they who remain will do everything they can to figure out a way to get you to quit or have valid grounds for terminating you.

Non-profits do not pay in unemployment taxes quarterly. If someone is actually qualified for unemployment from a non profit agency of this type, they have to pay for it on a dollar for dollar basis out of their budget. Boy, do they hate that. So they'll be looking for a termination for cause or a voluntary quit from you, the director, or anyone who leaves. Your director is full of baloney, if she thinks that when she has been officially terminated as director, and you are instructed by the interim director to terminate her access, the right thing for you to do woud be that you spout off something like, "I'm sorry, I take orders only from the director." That will just get you in the same place she is, which is canned, for cause, with a pretty good likelihood of no unemployment insurance.