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

Negligent Supervision of Church Workers—In General

§ 10.08
Tip. A number of courts, in addressing the question of whether clergy are employees or self-employed for federal income tax reporting purposes, have observed that churches generally exercise relatively little supervision or control over clergy.[108] See, e.g., Weber v. Commissioner, 60 F.3d 1104 (4th Cir. 1995). Such cases can be used by churches in defending against negligent supervision claims involving clergy misconduct.

Churches can use reasonable care in selecting workers, but still be liable for injuries sustained during church activities on the basis of negligent supervision. The term negligence means carelessness or a failure to exercise reasonable care. Negligent supervision, then, refers to a failure to exercise reasonable care in the supervision of church workers and church activities. Churches have been sued on the basis of negligent supervision in a variety of contexts. Consider ...

Log In For Full Access

Interested in becoming a member? Learn more.

Table of contents

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.