The economy is booming, unemployment is low, but there may be times when you should consider offering an employee a package of benefits. In the event of a consensual separation, the Church may have weeks or months to repair a well-developed agreement, a communication plan and an approach to the current supervision of the outgoing pastor. In other less friendly situations, the Church may not have that luxury. That is why we advise us to prepare ahead for the possibility of a pastoral separation. Spend a few weeks discussing some of these issues and where your leadership is in general. Talk to an experienced lawyer to develop a draft standard separation agreement that generally corresponds to their ecclesiastical culture, so that, in the worst case, you are ready to go faster. At least a pastoral separation agreement should concern: severance agreements are sometimes written in the form of letters to employees. This is sometimes called termination letter, and it contains all the same details you will find in the standard compensation agreement. For most churches, the need for such an advantage will be rare, but taking the time to at least consider will help you to be ready, if the need to use a compensation package ever. At Simms Showers, we have managed hundreds of such pastoral separations and have extensive experience in conducting churches through the legal and emotional implications of pastoral separation. Do not give up an experienced lawyer or try to use a pro bono or well-meaning lawyer who does not have much experience in ecclesiastical and religious employment cases. Many churches and the Church leadership regretted such a decision. If we can help you in any way, let us know.
Reasons for pastoral separation may include the range of voluntary dismissal up to involuntary dismissal. Maybe the priest will take a job in another church or leave the ministry. Other times, poor performance, a change of direction of the ministry and funding can initiate a pastoral separation. In other more difficult cases, medical disabilities and/or unethical practices may warrant separation. In any situation of pastoral separation, regardless of the cause or circumstances, the Church should consult an ecclesiastical and labour lawyer to design and execute a separation agreement between the outgoing priest and the Church. Since there are no two pastors or two equal churches, there are no two equal pastoral divisions. Simply put, there is no one-size-fits-all approach. Each situation will be unique. In our library with church forms, documents and job descriptions, you can access a redundancy declaration.
Yes, yes. Your employer may not require you to sign a compensation package, but it can legally refuse to pay you severance pay if you do not sign the debt release. As with anything that crosses with Denern and employer relations, it is always advisable to consult an expert in labour law to advise, establish a severance contract and implement a fair severance package and within the mandates of state law. Legal Disclaimer: This article and related material were created specifically for churches seeking general information on pastoral separation agreements. It is not designed to provide legal advice or substitutes for competent legal advice that may address certain particularities of each church. Every reader is encouraged to seek trained and experienced lawyers specializing in religious social, fiscal and ecclesiastical law for matters related to these issues, and you can contact us at the hrs@simmsshowerslaw.com or mrg@simmsshowerslaw.com or call us at 703.771.4671.
