Ministry Employment

Employers are faced with challenges when trying to curb abuses of FMLA leave privileges, while at the same time caring for legitimate medical needs.

A white paper by Theresa Lynn Sidebotham, Esq., which includes an employment self-assessment checklist to help your religious organization.

Federal and state laws prohibit specific types of employment screening, but how do these laws apply for religious organizations, and are there exceptions?

If non-compete agreements are too restrictive, they are not enforceable. We discuss factors that determine reasonability and enforceability, which helps provide guidance.

Employees have a right to communications that advance their mutual workplace interests. To what extent are internet communications included in those rights?

In its first ministerial exception case post-Hosanna-Tabor, the Second Circuit Court of Appeals holds that a Lay Principal can’t sue her Catholic School for discrimination.

If you have employees who may be ministers, you need to take practical steps to define their role. Here are some suggestions on how to clarify who is a minister.

Defamation claims against religious organizations are more common than you would think. It’s almost impossible to challenge who a religious organization selects as a minister or how it disciplines that minister. So these claims focus on the idea that what was said about the minister is defamatory—something that is not directly controlled by constitutional law. Here is a recent example of a case that ultimately had an indirect constitutional defense. 

A multi-chapter resource by Theresa Lynn Sidebotham, Esq. and Dr. Brent Lindquist about ministerial exception and missions.

If a religious organization believes that a minister or other employee has engaged in inappropriate sexual behavior, what responsibility does it have to notify others? How does child sexual abuse change the rules for normal termination procedure? Those who become victims of that person insist it is the organization’s duty to share that information. Employees who have been terminated for such behavior say sharing such information is a breach of confidence amounting to defamation.