A just alternative. Church tribunals may be the best forum for settling wrongful discharge disputes.
The threat of a wrongful discharge lawsuit should be a concern for every employer. However, Church employers can minimize their risk if they follow Church teaching in their employment practices and policies and if they use the Church tribunal system to settle employer-employee disputes. As it originally developed in common law, the "employment-at-will" concept stipulated that an employer could discharge an employee at any time, for any reason, or for no reason at all. Most states have adopted this common law concept, although courts and legislatures have created a number of exceptions to it. Despite these exceptions, employment-at-will has proven to be a powerful tool in the hands of employers. However, employees of Church institutions who feel they have been discharged wrongfully can turn to Church tribunals, which are governed by canon law. A Church tribunal can do virtually anything a civil court can do, with the exception of ordering someone to jail. Moreover, because the standards of justice and equity applied by Church tribunals are stricter than those applied by American courts, employees of Catholic institutions in the United States may make increasing use of them in the future. Disputes that come before a Church tribunal will be settled by either arbitration or mediation. Arbitration is a kind of informal litigation. Mediation, however, is preferable because it forces the parties involved to examine themselves, their motives, and their effects on each other and the Church as a whole.
Fitzgerald
J M
JM
Family Life Center of Florida, Miami.
Fitzgerald
L M
LM
D002410:Catholicism; D004648:Employee Grievances / Q000331:legislation & jurisprudence*; D004651:Employment / Q000331:legislation & jurisprudence*; D016304:Hospitals, Private / Q000458:organization & administration*; D006801:Humans; D007373:Interinstitutional Relations; D011340:Problem Solving; D014481:United States