Legal Question in Civil Litigation in California

I am a 49 yr old, female pastor of a church for 4 years. During 4 yrs, I have done major construction work to a 1.2 million dollar church building and unable to sufficiently focus on pastoral duties. I am being removed from my position without any reason given. My paperwork is all up to date, dues are paid and the only explanation I received (in front of a witness) is that things have accumulated over the 4 years. The overseers had a meeting without me present, discussed my history, found me guilty of some injustice without ever allowing me a defense or explanation. The organization does not treat other pastors like this and few are as diligent I have been while serving. I'm wondering if I might have a discrimination lawsuit or wrongful termination?


Asked on 1/28/11, 8:54 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

There are no laws against 'unfair treatment' or poor management. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy. You apparently haven't. Even if you could show discrimination, churches are immune from regulation under the discrimination laws. If you have a written employment contract, and they have breached it, you can consider legal action on that basis. If so, feel free to contact me.

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Answered on 2/08/11, 2:57 pm


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