Can Volunteers Sue the Church?

Many churches depend on volunteers for their day-to-day operations, events, and ministry. But there is a legal risk that comes with having volunteers. Many church leaders ask, "Can volunteers sue the church?" and what can be done to safeguard the church while lowering its risk of being sued? This detailed book looks at the rules that govern volunteer liability, the most typical reasons why volunteers sue, the safeguards that churches and volunteers have, and how Church Law and Strategy helps churches deal with these risks in the best way possible.

Knowing What Volunteers Do in the Church

What is a volunteer?

A volunteer is someone who does work for a church without getting paid. People who volunteer can do things like usher, lead children's ministry, help with paperwork, or plan events.

How Important Volunteers Are

Volunteers help the church serve its members and the community better. Their work often puts them in touch with those who are at risk, like kids and the elderly.

Can People Who Work for the Church Sue It?

The Right to Sue

In general, volunteers have the right to sue if they are hurt or have their rights violated while they are volunteering. This includes charges of discrimination, harassment, carelessness, or breaking a contract.

Reasons Why Volunteers Sue

• Injury to a person because of unsafe conditions or carelessness.
• Claims of discrimination or harassment.
• Breaking voluntary agreements or firing someone without cause.
• Emotional discomfort or slander.

Laws That Protect Churches and Volunteers

Laws That Protect Volunteers

A lot of states have Volunteer Protection Acts that protect churches from some responsibilities when volunteers do their jobs in good faith. The Volunteer Protection Act of 1997 protects volunteers of nonprofit groups from some legal actions.

Waivers and Agreements of Liability

Signed releases can help insulate the church from lawsuits, but they don't provide full protection. Clear volunteer agreements spell out what is expected of them, what their duties are, and what they are not responsible for.

Coverage by Insurance

Churches should have general liability and accident insurance for volunteers. Directors and Officers insurance can protect leaders from lawsuits about how they handle volunteers.

Strategies for Managing Risk

Training and Background Checks

Check out volunteers, especially those who work with kids or adults who are vulnerable. Give people a lot of instruction on safety, rules, and behavior.

Clear Rules and Policies

Make handbooks for volunteers that explain the rules of behavior and safety procedures. Make plans for reporting and responding to occurrences.

Oversight and Responsibility

Make sure that volunteers get enough supervision and oversight. Keep a record of any incidents and volunteer work.

How Church Law and Strategy Help Manage Volunteer Liability

Church Law and Strategy's THE FOUNDATION PLUS PLAN (Tier 2) is for churches with 900 to 2,500 members. It includes legal audits, policy formulation, volunteer agreements, and help with reducing risks. The PASTOR SUPPORT PLAN (Tier 3) offers churches with 2,500 to 10,000 members better legal advice, compliance assessments, and priority access. It focuses on managing volunteer risks in a thorough way.

Checklist for Reducing the Risk of Volunteer Lawsuits

• Do background checks for jobs that are high-risk.
• Make rules and agreements for volunteers and make sure they follow them.
• Keep the right amount of insurance coverage.
• Give training and supervision.
• Get legal help for compliance audits and responding to incidents.

The End

Churches need volunteers, but they also need to be aware of the legal hazards and take steps to protect themselves. Knowing that volunteers could sue you and putting strong protections in place protects both your ministry and the people who work with you. Our Tier 2 and Tier 3 membership options give expert legal aid to churches that need help with volunteer liability.

Links Inside

• Find out more about church liability waivers and risk management.
• Learn about church HR and following the law when it comes to hiring.
• Read about the church's kid safety policy for lawful ministry.

Links to Other Sites

• Volunteer Protection Act Overview: https://www.nolo.com/legal-encyclopedia/volunteer-protection-act.html
• Nonprofit Risk Management Center: https://nonprofitrisk.org/resources/
• Guide to Volunteer Liability: https://www.councilofnonprofits.org/tools-resources/volunteer-risk-management

This blog is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for personalized legal guidance.