Jump directly to the content

Pastor, Church & Law

written by Richard R. Hammar, J.D., LL.M., CPA

Legal Liability

Volume 1 . Chapter 1 . § 1-03.4
Key point 1-03.4. Churches, like any employer, may be legally responsible for the negligence or other misconduct of employees committed within the course of their employment. This theory of liability generally is known as respondeat superior. It does not apply to self-employed workers.

The characterization of a minister (or other church worker) as an employee or self-employed is sometimes important in assessing legal liability. It is a well-established principle of law that an employer is responsible for the civil wrongs committed by an employee in the course of employment. This principle of employer liability for the misconduct and negligence of employees committed in the course of their employment generally is referred to as respondeat superior. ...

Article Preview

This article is currently available to ChurchLawAndTax.com subscribers only. To continue reading:

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations."

Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.


ChurchSalary

Receive a customized salary report for up to 18 different ministry positions. Learn how your church should compensate based on size, budget, location, and employee work experience.

Safe Hiring Practices for Ministries

Safe Hiring Practices for Ministries  Subscriber access only

Essential items to consider before you bring new clergy or staff on board.
Avoiding Church Lawsuits

Avoiding Church Lawsuits Subscriber access only

Create proactive procedures to avoid common reasons why churches most often go to court.