I have just been terminated from a church staff. The personnel committee that asked for my resignation said they could do that because the state carries “at-will” employer-employee guidelines. Do I have any legal recourse?
The short answer is “no,” but check with a local attorney. At-will employment means you can be fired for any reason or no reason. Unless you have a written contract setting forth grounds for termination that have been violated, it is unlikely you have any legal recourse.
The question raises two important issues.
First, would you really want any legal recourse? How would a staff member survive after a lawsuit forced the church to maintain him in its employ? Ideally, members look at church hiring as calling individuals chosen by God. Could you function in your position after being reinstated by a judge? If you recovered monetary compensation, would you want to seek employment being the minister who sued the last congregation? What search committee would give you serious consideration?
Second, consider possible problems before you accept a call. A friend is retiring after serving a church 30 years — the exception rather than the rule. As it has been reported that the average pastoral turnover now is four to five years, the possibility of moving on is a reality. You should not accept a call wishfully thinking God's new assignment will be better than the last. While God may have a call for you, God surely expects you to be discerning.
When you are considered by a church, do everything possible to make certain there is an appropriate fit. Learn all you can about the church. Be honest with yourself and with them. Who are they? What is the basic philosophy of the church? If you are a moderate, do not go to a fundamentalist church hoping to change their thinking. If you are conservative, with absolute ideas about the role of the pastor and place of women, do not conceal your views intending to turn the church in the right direction once you are there. Let the search committee know any strong feeling you have about worship styles and determine theirs. Learn about the church's history with staff. Be honest about your willingness and theirs to resolve differences collaboratively. Will you or they change with the times or insist on doing things the way they always have been done?
Once you have found a good fit, watch for potential problems. Do not sweep concerns under the rug, hoping they will go away. Conflicts will only get worse. Start an open relationship with personnel committees and leaders. You are more likely to be able to work out differences. If not, in leaving, openness will allow all to conclude the outcome was fair, in the best interest of all and pleasing to God.
Cynthia Holmes is an attorney in Clayton, Mo., and former moderator of the Cooperative Baptist Fellowship.
Right or Wrong? is sponsored by the T.B. Maston Chair of Christian Ethics at Hardin-Simmons University's Logsdon School of Theology. Contributors include Baptists in Virginia, Texas, Missouri and other states. Send your questions about how to apply your faith to btillman@hsutx.edu.