Non profit ex-contractor withholding website info

[Denverrunner]

What is the name of your state (only U.S. law)?

 

[quincy]

What is the name of your state (only U.S. law)?

What is the name of your state and what is your question?

For what reason is website information being withheld and why does it matter to you?

 

[Denverrunner]

Small non-profit organization (kids running club) where only paid staff were 2 coaches (husband and wife) who were employed as subcontractors.

Coaches resigned with no notice, and then announced via the team private email list (stored password protected on private, TeamSnap account) that they were starting new club. The day prior to resigning, the coaches removed other parents from Facebook as administrators, so that club could not post anything to Facebook. The coaches also shut down the club website. These are the club's two most important recruiting and outreach to devices. The coaches are no longer affiliated with the club and requests for this information have been made, but old coaches refuse.

A small claims suit has been filed against the ex-coaches to re-coup pre-paid compensation in the amount of $880. Just today, the club domain is now listed for sale for $880. (Initially, coaches asked for $16 which club paid to reimburse them for domain name expense. Now, they apparently want quite a bit more for domain!) The club paid the for the domains, but coaches have changed the login/passwords.

What is the non profit recourse against the old coaches and what sort of an attorney should the club consult? We had a non compete but it was a very basic. Club is Located in Colorado.
Sorry.... try the full post again:

 

[quincy]

Small non-profit organization (kids running club) where only paid staff were 2 coaches (husband and wife) who were employed as subcontractors.

Coaches resigned with no notice, and then announced via the team private email list (stored password protected on private, TeamSnap account) that they were starting new club. The day prior to resigning, the coaches removed other parents from Facebook as administrators, so that club could not post anything to Facebook. The coaches also shut down the club website. These are the club's two most important recruiting and outreach to devices. The coaches are no longer affiliated with the club and requests for this information have been made, but old coaches refuse.

A small claims suit has been filed against the ex-coaches to re-coup pre-paid compensation in the amount of $880. Just today, the club domain is now listed for sale for $880. (Initially, coaches asked for $16 which club paid to reimburse them for domain name expense. Now, they apparently want quite a bit more for domain!) The club paid the for the domains, but coaches have changed the login/passwords.

What is the non profit recourse against the old coaches and what sort of an attorney should the club consult? We had a non compete but it was a very basic. Club is Located in Colorado.
Sorry.... try the full post again:

Who owned the website? Was it run under the name of the running club? Who owns the name of the running club?

 

[Denverrunner]

The domain name is name of club.com. The race naming club has operated for two years. The club is registered as a non profit in the state of Colorado and is recognized as tax exempt by IRS.

The website was paid for by the coach, and subsequently reimbursed by the club.

 

[quincy]

The domain name is name of club.com. The race naming club has operated for two years. The club is registered as a non profit in the state of Colorado and is recognized as tax exempt by IRS.

The website was paid for by the coach, and subsequently reimbursed by the club.

The coach/current domain name holder potentially could be forced to turn over the domain name that bears the name of the running club (under federal law or international arbitration rules), although the running club could also register a new similar name for their own use.

The club should not in any case have to pay an inflated price for the existing domain name, though. The club should only expect to pay any fees already paid by the coach for registration of the name and the annual domain name fees that were not already reimbursed.

If choosing a new domain name, the running club can use the new domain name (internet address) to establish a web hosting arrangement with an internet service provider. If someone from the running club knows how to set up a website, great. Otherwise the club can look for website assistance.

By deciding on a different web address (domain name), the club may have some work to reestablish themselves but they eliminate one area of dispute with the coaches. Then the running club can concentrate on suing for the money owed, a lawsuit if an amicable agreement cannot be reached otherwise.

Good luck.

 

[Denverrunner]

Thanks.

Just curious.... given the coach is no longer affiliated with the club, and has purposely shut down the club's website, and changed passwords -- all the while launching his own club including a team website and Facebook page -- is there any criminal behavior? The series of event:
1) zero notice of resignation
2) recruiting exclusively using our club membership list
3) shutting down club website
4) removing all club parents except himself as Facebook administrators, preventing the club from being able to operate/access its own website or Facebook pages
** aren't club websites and lists property of the club? And, by shutting them down and changing passwords did he effectively steal property from the club?

Obviously, all of this clearly demonstrates the intent to launch a new business at the expense of the old club.

 

[Zigner]

Thanks.

Just curious.... given the coach is no longer affiliated with the club, and has purposely shut down the club's website, and changed passwords -- all the while launching his own club including a team website and Facebook page -- is there any criminal behavior? The series of event:
1) zero notice of resignation
2) recruiting exclusively using our club membership list
3) shutting down club website
4) removing all club parents except himself as Facebook administrators, preventing the club from being able to operate/access its own website or Facebook pages
** aren't club websites and lists property of the club? And, by shutting them down and changing passwords did he effectively steal property from the club?

Obviously, all of this clearly demonstrates the intent to launch a new business at the expense of the old club.

First, this is not a criminal matter.
Second, it sounds like the couch(es) own the website, not the club.

 

[quincy]

Thanks.

Just curious.... given the coach is no longer affiliated with the club, and has purposely shut down the club's website, and changed passwords -- all the while launching his own club including a team website and Facebook page -- is there any criminal behavior? The series of event:
1) zero notice of resignation
2) recruiting exclusively using our club membership list
3) shutting down club website
4) removing all club parents except himself as Facebook administrators, preventing the club from being able to operate/access its own website or Facebook pages
** aren't club websites and lists property of the club? And, by shutting them down and changing passwords did he effectively steal property from the club?

Obviously, all of this clearly demonstrates the intent to launch a new business at the expense of the old club.

Did the husband-wife team coaches have a written contract with the club, seeing as they were the only two paid members of the club? Was there a termination clause?

Did the Club commit any of its rules, rights and responsibilities to writing?

There potentially could be criminal behavior (possible theft of club assets) but I see a civil action and civil remedies more likely in what you describe. And a lot depends on what agreements you have in writing.

You could have the club's operations personally reviewed by a business law attorney in your area.

 

[Denverrunner]

Thanks.

Just curious.... given the coach is no longer affiliated with the club, and has purposely shut down the club's website, and changed passwords -- all the while launching his own club including a team website and Facebook page -- is there any criminal behavior? The series of event:
1) zero notice of resignation
2) recruiting exclusively using our club membership list
3) shutting down club website
4) removing all club parents except himself as Facebook administrators, preventing the club from being able to operate/access its own website or Facebook pages
** aren't club websites and lists property of the club? And, by shutting them down and changing passwords did he effectively steal property from the club?

Obviously, all of this clearly demonstrates the intent to launch a new business at the expense of the old club.

 

[quincy]

Thanks.

Just curious.... given the coach is no longer affiliated with the club, and has purposely shut down the club's website, and changed passwords -- all the while launching his own club including a team website and Facebook page -- is there any criminal behavior? The series of event:
1) zero notice of resignation
2) recruiting exclusively using our club membership list
3) shutting down club website
4) removing all club parents except himself as Facebook administrators, preventing the club from being able to operate/access its own website or Facebook pages
** aren't club websites and lists property of the club? And, by shutting them down and changing passwords did he effectively steal property from the club?

Obviously, all of this clearly demonstrates the intent to launch a new business at the expense of the old club.

Answered already.

But the questions asked of you have not been answered.

There is no law against the coaches deciding to start their own club. Absent any agreement to the contrary, the coaches could also encourage members of the old club to join their club.

What the coaches cannot do is appropriate for their own use property belonging to the old club.