Jump directly to the content

Pastor, Church & Law

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

Negligent Selection of Church Workers—In General

Volume 4 . Chapter 10 . § 10-03

One of the most significant legal risks facing churches today is negligent selection. The term negligence means carelessness or a failure to exercise reasonable care. Negligent selection, then, means carelessness or a failure to exercise reasonable care in the selection of a worker. Consider the following examples:

Examples

• A church employs a pastor without any investigation into his background. The pastor seduces a counselee during marriage counseling. The victim sues the church, claiming that it is responsible for her injuries on the basis of negligent selection. It is later learned that the pastor committed adultery with a member of his prior congregation. No one in his present church asked for any information or references from the ...

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.

Politics and the Church

Politics and the Church Subscriber access only

Tax and legal guidelines faith-based organizations need to know before jumping into the political fray.
Does Your Church Owe Taxes on Alternative Revenue?

Does Your Church Owe Taxes on Alternative Revenue? Subscriber access only

How unrelated business income, and the possible taxes owed from it, works for churches.