How Can I Fire Somebody and Live to Tell About It? (Part 1)

Can Pastor Stan fire Laura and live to tell about it?

Yes, but it can be a challenging journey. Terminating an employee, especially in a church setting, requires careful consideration and a strategic approach. With a web of relationships, including family ties to the congregation, Pastor Stan needs to follow the right steps to handle the situation professionally and legally.

Provide Clear Justification for the Termination
No team member should ever be surprised by their performance-related termination. In Pastor Stan’s situation, he should have documented communications, including a year’s worth of evaluations and performance-related discussions, to present to Laura. Having this paper trail is crucial in defending the termination if accusations arise regarding unlawful dismissal based on age, gender, disability, or any other protected status.

Although most states consider church employees "at will" employees—allowing employers to terminate employment for almost any reason—having a clear justification for the termination minimizes the risk of potential legal claims and ensures the process remains transparent.

Time the Termination Properly
Timing is essential when terminating an employee. Pastor Stan should avoid making this decision during sensitive times, such as holidays or other significant life events for the employee. He should also consider how the timing of the termination might affect the morale of other church staff and the congregation.

The best approach is to choose a time that minimizes disruption while showing respect for Laura’s dignity.

Communicate the Termination Clearly
When discussing the termination with Laura, Pastor Stan should be direct. Start by saying, “We need to have a difficult conversation, and by the end of it, we will have developed a plan for ending your employment with First Church.” Clear, unambiguous communication is essential in preventing misunderstandings.

Goals for the Termination Conversation

• Allow the Employee to Resign: If possible, provide the opportunity for the employee to resign instead of being terminated. This allows for a less adversarial conclusion to the employment relationship.

• Agree to a Severance Plan: If appropriate, discuss and agree on a severance package to ensure a smooth transition for both parties.

• Agree on Separation Agreement Language: Ensure both Pastor Stan and Laura agree on how the termination is framed and communicated within the church and beyond.

Before finalizing the termination, Pastor Stan should draft a separation agreement for Laura to review. Allowing her 24 hours to consider the agreement helps mitigate any potential claims of duress or undue pressure. If Laura refuses to resign, a formal termination letter should be presented to officially end the employment relationship.

Maintain Confidentiality and Professionalism
Confidentiality is paramount in termination proceedings. Only those who absolutely need to know about the termination should be made aware. This protects both the church’s and the employee’s privacy, ensuring that the situation is handled with the utmost professionalism.

Conclusion
By following these steps, Pastor Stan can handle Laura’s termination in a way that minimizes negative fallout. By ensuring clear communication, following legal best practices, and maintaining professionalism throughout, the church can move forward from this difficult situation with integrity.

Additional Resources

• Reynolds Law Group, PLLC Services: Learn More