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Church Law & Tax Update

The Legal Liability of Recommending a Job Candidate

Church leaders often are contacted by a church, business, or school and asked if they can recommend a particular job candidate who previously worked at their church. Leaders often jump at the chance to assist a former colleague in this way.

Unfortunately, there are instances when a positive reference can raise legal concerns—and possible liability. As attorney Richard Hammar notes in this new legal development for ChurchLawAndTax.com members, “[p]roviding references on former employees is fraught with risk.” A recent court decision in Missouri illustrates why.

In the case, the party suing was actually a church, and the defendant was a Christian college. Even still, Hammar notes the importance of the ruling to church leaders. Read more about the outcome, the rationale the court used—and the caution churches should exercise going forward.

Also this week:

  • Check out this revised and updated free article detailing the loan forgiveness application process for the Paycheck Protection Program.
  • If you missed last week’s free webinar on key trends tied to child abuse and churches, don’t miss the free replay now available on ChurchLawAndTax.com.
  • Our friends with the Lake Institute on Faith & Giving are surveying churches nationwide about the unique ways COVID-19 is affecting congregations, particularly with offerings. Please take a moment to complete this survey, the results of which we’ll publish and use to help leaders like you.

The Lord bless you and keep you,


Matthew BranaughMatthew Branaugh

Matthew Branaugh
Editor, Content and Business Development, Church Law & Tax


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One of the most valuable features of the CARES Act’s Paycheck Protection Program (PPP) loans is the ability for employers with 500 or fewer employees, including nonprofits and churches, to apply to have its loan forgiven, in full or in part, essentially converting the forgiven portion into a nontaxable ...

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Child abuse remains a perennial top reason churches go to court each year. Recent headlines nationwide only confirm this reality. From jury verdicts doling out multimillion-dollar damages awards, to expanded statutes of limitation for victims to come forward, to new interpretations of the clergy-penitent ...

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