Volunteer Legal Handbook
Example: "How Do You Fire a Volunteer?"

This example illustrates the problems associated with "firing" a volunteer. How do you handle an incompetent or misbehaving volunteer? Some of the issues are reviewed at Discussion. Barbara is the nonprofit corporation's executive director; Jim is the president.

Example

Barbara: You remember Fred Stitz?

Jim: Isn't he the volunteer that couldn't seem to do anything right? A great attitude but pretty incompetent?

Barbara: That's the guy. Well, I finally had to let him go. I put him in charge of the receptionist desk.

Jim: How could he mess that up?

Barbara: Well, the Commissioner of Health and Social Services was in town and stopped by to see me. Fred told her I was too busy to see her without an appointment...

Jim: The Commissioner?

Barbara: That was the third time he's done something incredibly stupid. I told Fred I would have to let him go. Just three hours later his lawyer called me, saying Fred is going to sue for wrongful termination, slander and a lot of other stuff.

Discussion

Case law in Alaska makes it difficult to have a perfect solution to termination of a volunteer or an employee. About the best you can do is make a written record of performance or non-performance. Job descriptions, evaluations and written records are indispensable.

Since most nonprofits rely on volunteers, it's also important that you work to make the volunteer experience as positive as possible, and evaluations and careful placement can go a long ways towards that end.

Be extremely careful in what is said and to whom. A volunteer often has an emotional commitment to the organization. A disappointed, terminated volunteer may have a sense of having been wronged or betrayed. It is very common for a defamation claim to arise out of termination of a volunteer. After all, when you explain to a volunteer why you no longer want his or her services, it's very easy for the volunteer to hear a personal attack.