4. Disparage clause – A non-disappearing clause, which is generally included in a separation or transaction agreement, stipulates that an officer cannot say anything wrong with the employer, even if the comment is correct. Non-disappearance clauses are applicable, unless the Executive Director is summoned. If the terms of the employment contract require severance pay to comply with the non-disappearing clause or unequivocally find that a violation of the non-separation clause results in the cancellation of severance pay or other benefits, the clause is optimized when payments or benefits paid to the manager are paid over a specified period. A court to rule on the existence of an offence must determine whether the statements made were indeed pejorative and whether the derogatory statements are likely to damage the reputation of a non-profit organization. 3. For cause or without cause termination. Such a provision will clarify expectations and relationships between the parties. The employment contract should define the „cause.” In cases where there is a provision for dismissal without notice for severance pay, the terms of severance pay should be explicitly specified. If an executive is dismissed for this reason or if the employment contract is not renewed at the end of his term of office, a severance pay is not payable.
5. Confidentiality and restitution of ownership clauses. In addition to a confidentiality clause that would protect client and donor lists, you should add a clause requiring the manager to return to the executive all real estate owned by the non-profit employer at the end of the employment period, unless faced with a consequence of non-compliance. 2. Length of years and frequency of evaluations. The contract between the Board of Directors and the Executive Director is expected to last one year. However, it should continue to allow the Board of Directors to perform its fiduciary duties to the company if the Executive Director does not meet the stated standards. The employment contract should also specify when assessments should take place – for example. B, every year or every two years – and the factors to be taken into account during the evaluation, as well as clear conditions of dismissal.
The Board of Directors and the General Manager are both given one-year term in the contract. Without any other circumstances, it allows the board to retain talent for a period of time and gives the executive a sense of job security. Fixing a one-year term is also a natural opportunity to verify that the relationship is working at the end of the period.