Please be reminded of the conditions of use for the materials supplied on this site.  We are not in the business of rendering legal advice, and all materials and suggestions should be reviewed with your professional before use. Forms are on the next pages, with contact info for an attorney we work with who can assist you with the review of this area.

If you desire a possible rate credit for this area, your procedures must be reviewed by our office to be sure they meet underwriting guidelines. Please submit a copy of your procedures when they are completed. If you need assistance with this, please feel free to contact us. 877-471-7997

Today, it is vital that your organization has an employment application for prospective employees to complete, for its protection from litigation.. Misunderstandings,  wrong assumptions, errors with the security of personal data,  incorrect data on a prospective employee, releases to obtain critical references, and approval to obtain background checks are just a few of the legal reasons for an employment application today.

The need for this kind of risk management has always been present, but today it is even more critical. Early in my career and until the latter seventies, litigation for religious organizations did not present itself as a significant risk. Today our post-modern culture, which was religious organizational friendly, has not only become intolerant, but usually very hostile. Litigation has become the American way of life, for most presented issues, the first choice for settlement, especially for employment issues today. It is with sadness of heart that we share this important information which is critical for you to wisely navigate in today's culture and through the minefields of litigation it presents.

• Most religious organizations are just beginning to realize that our culture has changed, and is continuing to change at a very rapid pace. We have recently been told, by several sources, that the American Bar Association now regularly sponsors workshops and seminars on how to effectively sue religious organizations and other nonprofit organizations. Many church leaders continue to function today, as if they feel they are immune from legal liability, as they were before the seventies. These leaders are finding themselves reacting rather then being proactive in protecting the organizations, therefore, exposing themselves, their organizations, employees and volunteers to unprecedented, unnecessary, and at times unthinkable risks and litigation
• This information is being provided to you as suggestions to assist you with the risk management process; it is not intended to be exhaustive on the subject. This material can only be used with the understanding that we are not engaged in rendering legal services. If legal advice or assistance is needed, the services of a competent professional person should be sought for consulting and/or review.

These are some of the main elements to include in your application for prospective employees, to have a successful employment process with a proactive risk management strategy. The first element deals with the possible litigation presented for the neglect of screening and background checks; the second is the equal treatment of the accused and the possible violated or victimized persons. Therefore, it is critical to have proper written procedures in place which all prospective employees have read, signed, and dated as read and understood. It is important that these procedures are explicitly practiced and followed when sexual misconduct issues are presented.

• Our suggested general guidelines for screening checks requires background and criminal checks, nationally, for all paid employees and staff, including clergy. These positions are higher risk positions because issues of sexual misconduct are usually only presented in connection with persons who have ongoing, closer relationships with others--which always contain an element of trust, that if violated, causes possible accusations and even possible physical violation by the employee.  

There should be a signed release contained to allow for checking employee backgrounds and criminal records; we also suggest that you consider including the items below:

I hereby give my permission and release to ____________________ for the purpose of obtaining a background and criminal records check as part of my engagement with _________________________________

I hereby give my permission and release to ______________________ to ask for a character reference and job performance inquiry from a former employer and/or church that I was employed with or volunteered with before today.

I have not ever been a perpetrator or participant of any form of sexual misconduct. (You should define sexual misconduct specifically, according to your church teaching with scriptural references supporting such. If you neglect this you will leave the definitions to the court, which may not be to your liking.)

There should be a place for a signature and date for the individual who is to be considered for employment.

• Below are other critical elemets that should find a place on your application.

There should be a statement of release for the organization which allows them to legally reply to character reference inquires for an employee, when requested at some future time. Call us if you have a question with this.

• The application should also have a sign-off that all employment or volunteer handbooks have been read and are understood as to procedures and expectations, including sexual misconduct issues.
• It is important that prospective employees know that there is a six months rule or some agreeed time that your organization has set, when they are under review in order for them to prove themselves and learn your organizational ways and procedures.

A suggested employment application:

Employemnt Application of The Sample Organization

Date__________  Name of interviewer _____________________

Full name ____________________________________________

Home address ________________________________________

My hobbies include the following _________________________

___________________________________________________

The position I desire with your organization is _________________

My Educational qualifications are _____________________________

My experience for this position includes the following ____________

_____________________________________________________

I hereby give my permission and release to The Sample Organization  for the purpose of obtaining a background and criminal records check as part of my engagement with The Sample Organization.

I hereby give my permission and release to The Sample Organization to ask for a character reference and job performance inquiry from a former employer and/or church that I was employed with or volunteered with before today. I will furnish at least two names and address for this purpose.

I have not ever been a perpetrator or participant of any form of sexual misconduct as defined by the following scriptures. 

I have read and understood each page of the employee handbook of The Sample Organization and have initialed each page as such. I agree to abide by the handbook in total and as stated within the handbook, any and all possible disagreements or disputes that might present themselves as legal issues, shall be resolved by the binding arbitration procedures presented in the handbook of The Sample Organization.

I further agree that if the employment relationship should be excepted by each and commenced, to release and hold harmless The Sample Organization to reply to future inquiries that may be presented to them when requested by another future employer, concurrent employer or future volunteer organization or concurrent  volunteer organization, whether I am still under the employment of The Sample Organization or not.

I further agree to accept the probationary period for this position which is six months as outlined in the employee handbook.

Signature of prospective employee ___________________ Date ____