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Attorney Aaron Albrecht also represents the rights of Protestant pastors. © Ronny Lorenz
At first glance, it seems to be an unusual field of work that lawyer Aaron Albrecht from Bad Hersfeld is dedicated to: he represents Protestant pastors in church employment law.
“Unfortunately, it happens quite often that clergy have to defend themselves against their employers,” says Albrecht. There can be many reasons why an ordained pastor gets into difficulties under employment law. “In addition to actual mistakes that have occurred in the exercise of office, sometimes it is enough to be ‘slandered’ by people in the congregation who are not well-disposed towards their pastor,” says the lawyer. The regional churches immediately investigate such suspected cases. Unfortunately, this often results in hasty decisions in which the employer fails to have a clarifying conversation with the person concerned. Instead, decisive action is taken.
The lawyer lists the disciplinary measures: fines, transfers to another position or suspension. But the regional churches can also withdraw the rights of pastors to be ordained or remove them from service altogether. Attorney Albrecht’s experience shows: “Church leaders have been pursuing such proceedings with a certain ruthlessness for some time.” Many pastors are not aware of the consequences of disciplinary proceedings. “You have to move out of the rectory in a hurry, your colleagues turn away, everyone suspects something very bad, you suddenly find yourself alone.”
Albrecht is particularly critical of the waiting list: “This has not existed in German civil service law for a good 70 years. The National Socialists introduced the waiting list in order to arbitrarily get rid of people who could not be disciplined. The Protestant member churches, such as the local Evangelical Church of Kurhessen-Waldeck (EKKW), introduced this undignified instrument after the war and kept it. And unfortunately it is used far too often, and the waiting list is accompanied by a reduction in salary and usually also damage to reputation.”
Innocent until proven innocent: According to Albrecht, this legal principle does not necessarily apply in the minds of the churches. “In our experience, church leadership is often guided by personal or irrelevant considerations.” This makes it all the more important to seek good legal representation as early as possible. But there are only a few lawyers who specialize in this field. “The law firm receives inquiries from all over Germany, the need is great,” reports the lawyer.
“The pastors are missing a voice, which we give them.”
The church law of the Evangelical Church in Germany (EKD) or its member churches is a special law and is not taught in law school. Lawyers must study these laws for a long time and thoroughly in order to represent church employees in church administrative or legal proceedings. ALBRECHT Law Firm has the personal and professional qualifications and represents in disciplinary and court proceedings before member churches and the disciplinary chamber at the church court of the EKD. She can be reached at 06621-911 20 50 or [email protected].
