White Paper
Crisis Management for Non-Profits, NGOs, and Mission Organizations
Telios Law PLLC
19925 Monument Hill Rd. | Monument, CO 80132
ph. 855-748-4201 | f. 775-248-8147
Jessica Ross, Esq. — jer@telioslaw.com
Theresa Lynn Sidebotham, Esq. — tls@telioslaw.com
I. Introduction
Global missions work is increasingly dangerous, especially in certain parts of the world. Since 2003, there has been a worldwide spike in global kidnappings that more and more target faith-based workers such as missionaries, as well as other NGO workers.
Real risks facing international mission organizations today include injuries from suicide bombings, kidnappings, torture during hostage situations, threats of execution, and extortion. Workers also face risks from natural disasters and accidents that may occur without warning.
Agencies must understand these risks and implement systems to ensure safety. Strong crisis management protects both people and organizational liability.
Case Study
A U.S.-based relief worker in Sudan was kidnapped during a mission trip due to inadequate security measures. She later sued the organization, alleging lack of training, poor risk management, and mismanaged hostage negotiations.
The lawsuit highlighted failures including:
- Insufficient safety training
- Inadequate security personnel
- Failure to update protocols after prior incidents
- Ignoring intelligence warnings
- Poor hiring practices
- Mismanagement of hostage negotiations
This real-world case demonstrates how lack of preparation can lead to human, reputational, and financial harm.
II. Legal Liability in the Event of a Crisis
A. Claims by Employees or Families
1. Injuries in the U.S.
In the U.S., workers’ compensation typically limits employer liability. It provides a no-fault system that replaces most civil lawsuits for workplace injuries.
2. Why Liability Increases Overseas
Overseas assignments often fall outside workers’ compensation coverage, exposing organizations to civil lawsuits and uncapped damages. Courts may also treat employees as “on duty” 24/7 abroad.
3. Negligence Claims
Employees may argue the organization failed to meet a duty of care by placing them in dangerous situations without proper precautions.
4. Intentional Torts
Claims such as intentional infliction of emotional distress may arise when employees believe their well-being was disregarded during crises.
5. Fraud Claims
Liability may occur when organizations misrepresent safety conditions or overpromise protection.
B. Claims by Non-Employees
1. Volunteers
Organizations may owe a duty of care to volunteers. Courts may invalidate waivers, especially for minors.
2. Family Members
Liability may extend to family members accompanying workers or affected by crises, including emotional distress claims.
C. Claims by the Government
Organizations may face legal risks for actions such as paying ransom to terrorist groups, which may violate international or domestic laws.
III. Prevention: Best Practices to Minimize Damage
Common Mistake #1: Inadequate Preparation
Solution: Provide security training, crisis preparedness, and document all efforts.
Common Mistake #2: Unrealistic Expectations
Solution: Be transparent about risks and ensure personnel fully understand them before deployment.
Common Mistake #3: Lack of Crisis Planning
Solution: Develop a comprehensive crisis management policy, including evacuation plans, communication protocols, and insurance coverage.
Common Mistake #4: Poor Communication During Crisis
Solution: Clarify roles, responsibilities, and negotiation strategies in advance.
Common Mistake #5: Lack of Aftercare
Solution: Provide psychological support, financial assistance, and structured recovery plans to reduce litigation risk.
Common Mistake #6: Failure to Learn from Incidents
Solution: Conduct audits, internal investigations, and crisis simulations to improve future response.
IV. Conclusion
Crisis is inevitable. Organizations must prepare proactively to protect their people, minimize legal exposure, and respond effectively when events occur. Strong crisis management can prevent devastating outcomes and reduce the likelihood of litigation.