Legal Question in Technology Law in District of Columbia
Software Question
The Association I work for purchased--name removed--membership software product last year. We evaluated several different association management software companies and decided to move forward with--name removed--selected vendor.
Prior to making my final recommendation to our board of directors,--name removed--sales representative from the other company I evaluated, suggested we put--name removed--not-to-exceed clause into our contract. He told our Executive team the company we selected had--name removed--reputation of going over budget.
There were--name removed--few board members that were involved in the evaluation process early on and the same representative emailed those folks with the same suggestion. When I made our final recommendation to the board his email came up during the meeting. I didn't want to prolong the process so I told the board we did our necessary due diligence and it was--name removed--ploy from the other software company to get back into the deal.
The Board of Directors has called an emergency meeting for early Monday to discuss. We are 10�s of thousands of dollars over our estimated budget with no product to show. I�m afraid this could be my last meeting. Could I be fired due to my recommendation?
1 Answer from Attorneys
Re: Software Question
Why, of course, unless you are working under a contract of employment
which would protect you from summary dismissal in situations in which you've exercised your discretionary judgment and as a result the company has incurred losses.
DC is a so-called employment at will jurisdiction as are most of the states(38 or so).
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