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What Are Your Options ... When Faced With Forced Termination?

Archibald Wallace, III

In the first moments of a forced dissolution the most neglected thoughts are those of legal rights. But they should not be because in each instance a contractual relationship, recognized and protected by law, is involved.

The contract, whether oral or written, was entered, when the call was accepted. While its terms include the call and any modification agreed to over the years, the contract is also governed by the Constitution and By-Laws of the church being served, and the laws of the state in which the church is located.

The contract and its controls must be received in the context of law to determine what can be done to protect you in this difficult time. Step one, then, is to consult a lawyer before accepting or agreeing to any action being imposed upon you.

The law affords many options if the adverse action being taken is not in keeping with your rights. What are your options?

  1. Do Nothing. Even if you have legal rights which have been violated, you always have the choice of taking no action, leaving as gracefully as possible.
  2. Negotiate. Here you seek help in the transition out to ease the impact, or, in the rare case, to resolve the problems that led to the termination.
  3. Mediate. This is a form of negotiated settlement of your rights where each side works through a third person to settle the differences.
  4. Arbitrate. This form of resolution uses an agreed upon third party to proclaim the rights and obligations of the contestants.
  5. Litigate. While this option may seem repugnant initially, if there are clear violations of contract or of constitutionally protected rights, this approach should be considered. Since most cases are settled, the probabilities are high the case will resolve long before trial.

None of the remedies outlines above is as good as prevention. Prevention should be built into the process from the beginning. When negotiating the call, include termination provisions. Each side then will see termination as remote and will be agreeable to more generous terms. If possible, get the call in writing. The use of a covenant is also a helpful device because it details expectations and mechanisms that provide a continuing dialogue between pastor and church so that problems can be avoided or resolved before they become cancerous. The Constitution and By-Laws of the church should be revised to assure they provide clear and specific steps for both a call and dissolution. If this is done early in your tenure, it will be easier to obtain a defined path of due process to be followed when termination comes. The use of the process will work as deterrent to the misguided actions of a few.

The MTM Foundation provides a model Covenant and a model Closure Agreement for use in the process. Call or write if you would like more information.

Arch Wallace is an attorney and head of the Business and Commercial Litigation group for Sands, Anderson, Marks & Miller of Richmond, Virginia. He is also a charter member of MTM's Board of Trustees.