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  1. #1
    Join Date
    Jul 2015
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    Default Can Your Employer Promote You to Director Without Your Consent

    My question involves labor and employment law for the state of: Texas (Corporation)

    I work for a small company (<10). I've started as a software engineer (the only one still from day of joining the company until today). One year my boss decided to promote me to "Director of Software Engineering". I've got a letter, which said happy to inform you that now you are "Director of Software Engineering". As of today I have no employment agreement, not when I joined, and not after this "promotion".

    Am I really a director with fiduciary duties, or legally still a software engineer?

    Thanks!

  2. #2
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Promoted to "Director of Software Engineering" Without Any Written Consent or Agr

    If your boss says you are a director, you are a director. There is no law requiring your consent to change your title, or that you ever have an employment agreement.

    Whether you have fiduciary duties or not is between you and your boss. Giving you a title that includes the word, director, does not automatically mean that by law you have fiduciary duties.

  3. #3
    Join Date
    Dec 2009
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    Default Re: Promoted to "Director of Software Engineering" Without Any Written Consent or Agr

    Agree, a lot of director positions have no fiduciary responsibilities. It depends if you are a director of a function, or on the board of directors (mainly).

  4. #4
    Join Date
    Oct 2014
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    8,238

    Default Re: Can Your Employer Promote You to Director Without Your Consent

    Do not confuse a job title that includes the word “director” in it to mean the same thing as being a member of the board of directors (often simply called “director”). Being a member of the board requires election by the shareholders of the corporation and is not a position to which your boss may simply promote you. Apart from being on the board of directors or being an officer of the corporation, you likely have few if any particular fiduciary duties.

    The job title of “Director of Software Engineering” in your situation has little legal significance. He could have said he promoted you to Grand Poohbah of Engineering and it would have had about the same effect from a legal standpoint. You are an employee. No more, no less. All I would take away from that new title is that perhaps you are now the top software engineer in the company. Makes your job sound a bit more prestigious. Maybe gives you more authority over other software engineers in the company. But that’s probably about the extent of it. If you are not sure exactly what this new job position requires, ask your boss.

  5. #5
    Join Date
    Mar 2013
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    18,340

    Default Re: Can Your Employer Promote You to Director Without Your Consent

    Quote Quoting watermelon
    View Post
    My question involves labor and employment law for the state of: Texas (Corporation)

    I work for a small company (<10). I've started as a software engineer (the only one still from day of joining the company until today). One year my boss decided to promote me to "Director of Software Engineering". I've got a letter, which said happy to inform you that now you are "Director of Software Engineering". As of today I have no employment agreement, not when I joined, and not after this "promotion".

    Am I really a director with fiduciary duties, or legally still a software engineer?

    Thanks!
    Did you get a raise along with the promotion?

  6. #6
    Join Date
    Jul 2015
    Posts
    8

    Default Re: Can Your Employer Promote You to Director Without Your Consent

    No, I did not get any raise, and did not receive any job description, only the title.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can Your Employer Promote You to Director Without Your Consent

    Titles are easy to hand out. When we got bought out I was the VP (of product development). After the buyout our president became "VP and General Manager." I asked if what that made me, Third Base Coach? They let me keep the old title.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can Your Employer Promote You to Director Without Your Consent

    Titles are, for the most part, legally meaningless. If your boss wants to call you a director, then you're a director. Legally.

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