A former associate pastor has successfully appealed the dismissal of her lawsuit against a church and its senior leadership, alleging breach of contract, defamation, and false light. Reverend Sarah Elizabeth Garcia filed the complaint in the Circuit Court of Cook County on January 14, 2022, against Reverend Matthew Fitzgerald, Benjamin Emmrich, and St. Pauls United Church for Christ.
Garcia began working for the church in August 2013 as an Associate Pastor for Children and Youth. She claims she was wrongfully terminated in September 2021 after developing several programs to restart in-person church school following COVID-19 shutdowns. According to Garcia, she was abruptly fired by Fitzgerald and Emmrich during a meeting on September 9, 2021. They cited her alleged failure to perform job obligations during the pandemic as the reason for termination and offered her severance pay if she agreed to characterize her firing as a resignation and not disparage the church or its employees.
Despite this offer, Garcia alleges that Fitzgerald and Emmrich informed church members that she was fired for poor performance. On October 2, 2021, Emmrich held a public Zoom meeting where he reiterated these claims. The next day, Fitzgerald announced Garcia's termination during a church service. Garcia contends these actions violated the church’s bylaws requiring three months' notice before termination and falsely implied she had been subject to regular performance reviews.
The defendants moved to dismiss Garcia's complaint under sections 2-615 and 2-619 of the Illinois Code of Civil Procedure. They argued that Garcia was an at-will employee who could be terminated at any time without cause and that they had complied with their obligations by offering severance pay equivalent to three months' salary. They also contended that the statements made about Garcia were capable of innocent construction and did not constitute defamation per se.
Garcia’s amended complaints included new allegations about specific defamatory statements made by Fitzgerald to other staff members before her firing and additional details about damages she suffered due to these statements. Despite multiple amendments, the circuit court dismissed her claims each time but allowed her opportunities to replead.
On appeal, Justice C.A. Walker found that Garcia sufficiently pled facts to avoid dismissal of some allegations. The appellate court reversed the circuit court’s dismissal regarding breach of contract related to violation of notice provisions in the bylaws but upheld dismissal on other theories such as privacy violations or implied rights not supported by evidence in the bylaws. The court also found that while none of the statements constituted defamation per se due to their capability for innocent construction when considered in context, certain statements could potentially support a claim for defamation per quod given sufficient extrinsic evidence demonstrating injurious meaning.
Garcia seeks judgment from the court including enforcement of contractual terms outlined in church bylaws requiring three months’ notice before termination along with compensation for damages incurred due to alleged defamatory statements affecting her professional reputation.
The case will proceed with further proceedings consistent with this order under Judge Patrick J. Sherlock with attorneys representing both parties expected to present additional evidence supporting their respective positions.