Legal Question in Business Law in California
We are members of a non-profit organization that rents out a facility on an almost weekly basis. We have a manager who keeps records of the money, etc for the rentals. Unfortunately, we have been having trouble with the manager and would like to terminate her position as manager. We need the documents that she has, as well as some money that she has that belong to the non-profit organization. How do we legally get these items from her? She has the only copy of the documents and we need them back asap.
1 Answer from Attorneys
You need to operate within the formal management and control laws, rules, etc. governing your type of nonprofit organization. Generally, California nonprofit corporations have a board of directors that are vested by law with power (and duty) to manage the organization's affairs, including hiring and firning employees. There will also be Articles of Incorporation and probably bylaws. Most likely the Board will need to meet and vote, then the manager should be given written notice to return all money, keys, documents and records, etc., and the possibility of legal action perhaps should be mentioned. If there is a significant risk of problems, such as the disappearance of money or records, you might want to consider retaining an attorney, a CPA, or both to lend some muscle to the return-everything demand. Be sure to have the books, records, accounts, etc. examined afterwards. Perhaps have the post office re-key the mailbox and change bank signature cards.
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