Where personnel authority comes from
Inside a company, the power to hire and fire usually flows from the board to officers through the bylaws or operating agreement, and then to managers through delegations and written policies. Officers themselves are generally appointed and removed by the board, and an employment agreement may limit how that removal plays out financially. In New York and most other states, employment is presumed to be at will, so an employer can usually end the relationship without a stated cause. That presumption is narrowed by anti-discrimination and anti-retaliation laws, by written contracts, and, in unionized workplaces, by the collective bargaining agreement and its management rights clause. Problems arise when the person who acted lacked internal authority, or when a lawful power is used for a reason the law forbids.
Documents to line up
Pull the bylaws or operating agreement, board resolutions delegating authority, and any written signing or approval matrix. Employee handbooks, discipline procedures, and offer letters show what the company has told its workforce, and some of these may be treated as promises. Individual employment agreements and any collective bargaining agreement define limits that ordinary policies cannot override. For a contested decision, gather the performance records, the communications that led up to it, and the names of everyone involved, without editing or adding to them after the fact. If a complaint of discrimination, harassment, or whistleblowing came before the decision, its timing and handling will draw close attention.
What we work out with you
We first confirm who had authority to make the decision and whether the internal process was followed, since procedural gaps can matter even when the reason was legitimate. Next, we look at whether any legal protection applies to the affected employee and how the decision is likely to be viewed in light of the record. For reorganizations, we consider notice requirements for larger layoffs, union obligations, and how to document selection criteria fairly. Where the question is about an officer or founder, the analysis turns to governance documents and contracts more than employment statutes. We then help set or tighten the delegations so future decisions rest on clear authority.
