Friday, November 25, 2011

Court Says It May Decide Pastor's Employment Dispute With Church

In Errgong-Weider v. United Congregational Church of Norwalk, 2011 Conn. Super. LEXIS 2765 (CT Super., Oct. 25, 2011), a Connecticut trial court refused to dismiss a lawsuit by a pastor against his church challenging the termination of his contract by a vote of members at a meeting. It held:
The issues raised by the plaintiff's complaint include: (1) whether the vote terminating his contract was taken at a meeting duly warned to consider that issue; (2) whether the motion to terminate his contract was properly seconded ...; and (3) whether barring him from attendance at the meeting ... violated his rights as a member of the defendant non-stock corporation.... [R]esolution of these issues would not require the court to intrude upon the defendant's exclusive right to decide matters pertaining to doctrine or its internal governance or organization. Resolution of these issues involve questions of corporation law and the application of Robert's Rules of Order, not the application of religious doctrine or matters of governance outside the jurisdiction of the court. Under the neutral-principles approach ..., the court may analyze the defendant's bylaws and constitution in resolving the dispute.