Thread: Churchome Megachurch Is Hit with Class-Action Lawsuit for Requiring Employees to Tithe

Originally Posted by Colonel

If they had merely substracted 10% from a "nominal salary" per default, then there would probably be less taxes involved ? Handing the employee the 10% so that he can pay taxes on it and then hand the full amount back, seems very impractical.

Pretty sure a company does not have the legal right to do that...anything deducted pretax that is not IRS approved like Health Savings plans, THEY would incur the tax liability even if it is legal.

Originally Posted by John

The OP does state that the issue is one of legality, paying wages back to the employer as a condition of employment is illegal. Now maybe if the condition was that you must tithe somewhere, not necessarily to the employer it might be legal, that could fall under religious protections.

If something is illegal you cannot legally agree to do it, the agreement would be set aside by any court.

Is it illegal if they agreed to do that at hiring? Going to be interesting to see how it plays out on court. It may be viewed as extortion but since there was a we hire if you pay agreement where both parties benefited, not sure.

Originally Posted by Quest

Is it illegal if they agreed to do that at hiring? Going to be interesting to see how it plays out on court. It may be viewed as extortion but since there was a we hire if you pay agreement where both parties benefited, not sure.

No, even if you agree to engage in illegal behavior, the agreement is not enforceable.

Illegal contracts are those that require either party to engage in an illegal activity to fulfill the contract. This would not be considered a legal contract by the court and could not be enforced. Thus, illegal contracts are void and neither party will be entitled to relief if the other party breaks the contract. Sometimes, contract breach is defended in court by asserting that the contract was illegal and thus not enforceable.

What Makes a Contract Illegal: Everything You Need to Know

Also to make a contract legal, there must be some some consideration for both parties, you get the money, I get the car kind of thing. Apparently the employees here gained no benefit from the corporation for "tithing" to the corporation. A union on the other hand does provide consideration for union dues, things like actual benefits.

Originally Posted by John

No, even if you agree to engage in illegal behavior, the agreement is not enforceable.



What Makes a Contract Illegal: Everything You Need to Know

Also to make a contract legal, there must be some some consideration for both parties, you get the money, I get the car kind of thing. Apparently the employees here gained no benefit from the corporation for "tithing" to the corporation. A union on the other hand does provide consideration for union dues, things like actual benefits.

Good point...but that does not really answer if or why their agreement was illegal? As I sad people sign employment agreements all the time, agreeing to things like uniforms, discretion where sensitive information is handled, even some moral requirements such as Hobby Lobby? In true extortion deception has to be in play, otherwise it is just a really bad deal.

So what made this agreement illegal? Saying something is illegal, even filing a lawsuit because someone believes it is, does not make it so. Did they cite a legal precedence or statute to look at?

Originally Posted by Quest

Good point...but that does not really answer if or why their agreement was illegal? As I sad people sign employment agreements all the time, agreeing to things like uniforms, discretion where sensitive information is handled, even some moral requirements such as Hobby Lobby? In true extortion deception has to be in play, otherwise it is just a really bad deal.

So what made this agreement illegal? Saying something is illegal, even filing a lawsuit because someone believes it is, does not make it so. Did they cite a legal precedence or statute to look at?

Well, yes, that is what the case is about, whether or not the agreement was legal, that is crux of the matter to be decided in the court room.