(Possibly) Interesting Dilemma

Previous Employer Threates Legal Action Over Domain Name

[swweeks]

About nine months ago, I left my old employer for a new one. In my previous post, I served as the project director for a large state contract for which my employer was the sole sub-contractor. In the course of working with the project officer (for the state), it was requested that the company for which I worked (and my team specifically) produce a website for the project. Per contract details, everything produced by the sub-contractor is owned by that particular division of the state. Thus, the website is administered by the sub-contractor but owned by the state.

My employer drug her heels about registering a domain name even though the project officer had made his desires clear. Eventually, I registered the domain name through the company I use to keep my own personal domains current. I did this with my employer's knowledge and approval. This was a little more than a year ago. Since that time, the sub-contractor has continued to administer the website, and I have continued to hold the domain name. My reasons for continuing to do this are fairly straightforward.

• The project officer does not want his particular division of the state to have explicit control over the website at this point.
  
• The project officer also does not want the sub-contractor to own the domain name (as the sub-contractor will probably not continue to hold the grant after this grant period expires, and he anticipates a battle to reclaim any and all 'property' that belongs to this division of the state.
  
• Quite frankly, I'm happy with the status quo and so is the project officer. I don't mind renewing annually @ <$10, and it keeps him happy. We remain very close even though I no longer run his program.
  

And finally, to my question/issue:

My former employer has demanded that I transfer ownership of the domain in question to her immediately. Further, she has also threatened legal action should I not do so. From my limited knowledge of this type of law, can she sue me for the domain? She doesn't have ownership over anything associated with the project, and the project officer (who does) has indicated to me that he does not want her to have the domain.

So, the short of it is... can I hold out or not?

Thanks in advance.

[stajer]

IAL, but you should still consult your own...

You had no relationship to the state - their legal rights are of no interest to you and don't affect you. That is between the state and the contractor/subcontractor.

You registered the domain in the course of your work for your employer. According to you: "I did this with my employer's knowledge and approval" - what that actually means is you did it as part of your job.

The fact that you used your own account is moot.

The employer owns the domain - you are entitled to reimbursement for the actual costs.

[treeline]

I think the cleanest thing to do would be to transfer the domain to your former Employer (the company) and request reimbursement of your registration fees. Your ongoing connection to it is hard to justify. Switching it to another Individual employee is even harder to justify.

[swweeks]

Thank you both very much for your input.

I don't suppose I can just allow the domain to expire?

Just to be very clear, transferring to another individual employee is not an option. The options are for me to continue to hold it, transfer to my former employer, transfer to the state.

I do understand the issue of having registered as part of performing my job duties. Frankly, there are other legal issues involved, and I'm simply trying to protect the project officer for the state (who is, in effect, her boss). That's my only justification. However, seeing that I am the one likely to get burned in this matter, I think I shall go ahead and transfer the domain and let them duke it out between themselves.

Thank you again for your advice. You really helped to clarify matters.

[joostvv]

I think i would transfer to it to the state.

[Essex_boy]

So would I, your on a sticky wicket here which could have far reaching ramifications relating to future employment.

I wouldnt take any chances but give to them.