The process of hiring and firing in a church context is not
as simple as some may assume. In fact I
would argue that hiring and firing in a church is far more complex and
carries great risk. First, the church faces many of the same legal risks as any
other businesses, but adds the challenge of volunteer workers. Second,
the church is primarily a volunteer organization where those who work get no compensation. Both leaders and volunteers often do not see
this as an employer/employee relationship.
Third, the church faces the unique risk that a bad hire or a messy fire
can have a significant impact on the congregation; potentially causing
members or attenders of that church to leave or be disgruntled.
Let’s take a look at this one at a time.
I.
Legal Concerns: Most churches are not
aware of the potential legal quagmire they face both in hiring and firing an
employee. Most states recognize the “Employment at will” doctrine which allows an employer to
both hire and fire at any time for any reason without notice. Despite that protection it offers, church leaders must be cautious as it could easily
fall apart in court. Firing or
terminating an employee is risky! Here
are couple things to keep in mind:
A.
Hiring:
1.
Have a handbook that clearly lays out the hiring
and firing process. Be sure that employees know if you live in an “at will”
state.
2.
Have clear Job Descriptions.
3.
Have a clear chain of command.
4.
Hire carefully.
Be very thorough in your search process.
Not only should there be a background check, but for key ministry positions,
don’t just trust the references they give, dig around. A helpful website is: http://protectmyministry.com/
5.
Never ignore your “gut” or intuition. If you don’t feel right about it, don’t hire.
6. Ask them what they are reacting against. It could be political, theological, or a long list of things. For example if it is politics, this could limit their ability for effective ministry for those who may differ in political convictions.
7. Remember character REALLY matters! Warren Buffet is credited for saying that three things matter in hiring, Character, Intelligence and Passion/Energy. The second two can be worked on.
B.
Firing:
1.
Have regular evaluations where any concerns are
clearly laid out. Put everything in
writing! Both the employer and the employee should sign it. Documentation is a
must!
2.
Communicate, communicate, and communicate! I can’t tell you how many pastors don’t talk
with their staff and let frustration build.
If there are concerns address it immediately!
3.
Never forget about the age, gender, and
overtime laws.
4.
Follow Denominational procedures especially in
cases of discipline.
5.
When it becomes necessary to fire:
a.
Pray.
b.
Don’t act impulsively! Bring the elders into the process.
This will make sure it is not simply a
personal thing. If has become personal, let others handle it and be willing to
admit your sin!
c.
Be humble and gracious.
d.
Follow procedures.
e.
Make and keep documentation.
f.
Keep email correspondence to a bare
minimum.
6. Below the right is a chart laying out some
important laws to remember.
II.
Volunteers are employees: Most pastors do not see the volunteer church workers
as employees. Nevertheless, in most
cases the courts do. Therefore it is
very important to handle the hiring and firing of volunteer judiciously. Beyond what I have mentioned above, here are
some addition things to keep in mind.
A.
Having volunteer ministry (job) descriptions.
B.
Have one year term limits to any volunteer job. This not only keeps people from burnout, but
is an easy way to let someone go.
C.
Don’t just let anyone who wants to help
serve.
D.
Do Background checks.
E.
Make sure the accountability structure is
actually working and communication is taking place.
III.
Collateral damage: A unique challenge that churches face is that
both hiring and firing has an effect on the entire congregation. If you hire the right person for the job, it
can be a great benefit to the overall life of the church. If you make a bad hire, it will effect more
than just the ministry area that the person was hired for. It can have an effect on the entire
church. The smaller the church, the
greater the risk.
A.
When you hire, it is not only important to
follow all the above procedures, but to make sure that person is “a fit” for the
ministry position, but for the congregation.
B.
If proper procedures are not taken and adequate
communication not done, there can be tension in the congregation before the
person even starts.
C.
Remember that regardless of how poorly someone
has done their job, or how scandalous their behavior may have been, they have
relationships with people in the church that cannot be ignored. This means that much of the process will be talked
about, and there will be those who will not agree with the decision and possibly
leave the church.
D.
If church discipline is the reason for
dismissal, be sure to handle it by procedure and communicate clearly to the
congregation.
E.
Remember that every hire and fire also effects a
spouse and family if they have them. Don’t
ignore that!
Please understand that this is just a brief overview of the challenges
of hiring and firing in a church context.
I highly encourage you to take the time to research this further before
you have to hire your first staff person.
My prayer is that God will bless you with many good hires, and very few “fires.” I also encourage you to
develop a pattern of praying for the staff in your church. Pray for blessing and protection! You will be amazed at what God does!
Be proactive and build relationships with your staff. Make yourself available so that if they are
having problems or struggling with sin, they will come to you. Pray that God will give you eyes to see, and
bring to your attentions any concerns before they become a problem.
Lastly, learn from your mistakes! Every hire will not be perfect, and every
fire will not go well, but learn from each one so that you don’t repeat the
cycle! I am always saddened when I hear
of pastors who habitually make bad hires and then suddenly fire a staff member.
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