Legal Question in Business Law in Virginia

Re: Are we Liable?

Greetings,

Sorry about your experience. You PROBABLY have no legal obligation. If he is found guilty, or if you choose to prosecute, these events will likely be in the public record--perhaps even the media- and can be openly disussed. If someone asks for a reference, it is often best to simply confirm employment without specifics.

Please let me know if I can be of further assistance.

Robert Strupp

703-762-7399

Re: Are we Liable?

This is a somewhat difficult question to answer without more facts. The issue of liability will focus firstky on whether there is a duty or obligation between your Board and the entity which is claiming damages. Certainly if there is a duty or obligation, there is a potential for liability. However,I do not believe that you should get to this point. If the Board were to approve a formal investigation and contact the police to tender facts, the police will determine whether there is probable cause for arrest of the pastor. Indeed, if there is no retribution, I do not believe a claim of malicious prosecution or defeamation is justified. Defamation and malicious prosecution are used to intimidate innocent people all too often by those who are seasoned in their actions...often baseless and mere threats. I do believe that it is appropriate for the Board to conduct a formal inquiry and contact the police. I do further believe that such inquiry should be conducted with the assistance of counsel.

Sudeep Bose, Esq.

Thaddeus Furlong, Esq.

BOSE LAW FIRM, PLLC

Members, Christian Legal Society

Re: Are we Liable?

You don't have any obligation under Virginia law to inform another church or anyone else, although if you make a MISLEADING statement by way of a recommendation it is remotely possible you could be liable for a misleading statement, although this is actually unlikely because a future employer or church would merely be asking your opinion. You are not doing business with the future employer or church, so you have very little if any obligation to them. But you should be more concerned that anything you say is accurate and fact-based (dry of editorial comment) than about volunteering something.

However, as a Christian, let me comment that you have far more important and immediate obligations from the Bible, which sadly are some of the most ignored and disregarded commands of Jesus Christ and of the New Testament. Obviously, your attempts to confront the situation must include the potential for repentance and a redemptive response or else consequences for an unrepentant heart. From the process commanded by Jesus in Matthew 18:15-17, as with other passages, if there is not a repentant response (or even a refusal to meet a legitimate and recognized delegation), you will have a spiritual obligation to publicly warn the affected community or potentially affected community of believers. If the accusations are proven by hard facts, and there is no repentance, you must do what Jesus commanded, which includes "telling it to the congregation."

Therefore, your more likely and more serious problem would be legal liability for TELLING what happened, rather than keeping it quiet. Of course, following Biblical commands (do not receive an accusation against a leader without the testimony of two or more (independent) trustworthy witnesses) will also protect you in the earthly legal system.

Then make sure that any statement you make avoids exageration, avoids labels, avoids opinions, avoids editorializing, etc., and sticks faithfully to the facts alone. A good rule in an inflammatory situation is to delete all of the "conclusions." State the component facts, but don't close the circle. The reason is that it is very hard to state a conclusion without going too far, as a practical matter.