What would it take to successfully sue your church? There are four situations I see often.
- Ignoring employment laws
- Not keeping the property maintained
- Letting just anyone drive church vehicles
- Not screening employees and youth workers
Ignoring employment laws
Most states will stay out of church business when it comes to doctrine, eschatology or calling their pastor. However, employees have specific rights under the ERISA Act. The primary concerns for a church are wrongful termination, discrimination and sexual harassment.
A church had a large staff. Two of the employees began dating. Usually not a problem except they were both married. Once discovered, the man was repentant and agreed to an accountability/restoration process. The woman involved became belligerent, skipping work, not completing assignments and spreading dissension. She was terminated for her poor job performance. She brought a discrimination suit against the church because the church fired her and not the man involved.
The church should have had Employment Practices Liability coverage.
Not keeping the church property well maintained and safe.
A church is held to a higher standard of care than an individual’s home. Uneven sidewalks, loose hand rails, playground equipment and kitchens needs to be inspected regularly to ensure they are safe.
Having comprehensive general liability coverage specifically designed for a church is important. We cover those trips and falls on church property 100%*. No deductibles, no co-pays.
* Each state has different maximum limits available
Letting just anyone drive the church vehicles or loaning your vehicle to another church.
A vehicle with the name of the church of its door is a traveling advertisement for your church. Many times out of convenience the church will let someone drive who has a poor record. Every person driving should have their license checked.
Recently, one of my churches let a new driver fill in. They said they did not have time to run her license. The attorney’s did after she ran a stop sign and t-boned a hotel van. Her license had been suspended due to failure to appear for numerous violations.
Loaning your vehicle is an absolute “NO”. If you really want to help the other church, donate money so they can rent one on their own. This is a no win situation with the gravest of consequences.
Having a Business Auto Policy with high limits of liability is a must.
Not screening employees or youth workers.
Will background checks prevent all misconduct events? Absolutely not. But the church needs to make an effort along with a written procedure manual designed to prevent acts.
This year I met with a church board to help implement procedures. I received push back from two board members. They argued, “We are small. We know everyone. It couldn’t happen here, etc.” Two weeks ago the volunteer youth pastor was arrested for molesting an eleven year old girl.
Another church in Flagler County failed to run a check on their new worship pastor. Their reasoning was, “He attended the right school, he was recommended by another “sister” church, they knew his father, he was “one of us”. He confessed as the deputies lead him away in hand cuffs. A background check won’t reveal someone with no prior arrest record. Having strong prevention procedures in place can deter or prevent tragedies.
The church needs coverage for sexual misconduct liability and provides unlimited funds for defense costs.
The church has an obligation to protect its people and property. Finding an agent who specializes in church insurance and has experience is crucial.
