Legal Question in Personal Injury in Texas

Breach of Confidentiality

I was recently asked to resign from a position as a church secretary due to internet abuse. I did so without question and accepted responsibility for my actions. I was asked to resign by the pastor of the church as well as the current and future chairpersons of the Pastor/Parish Relations Committee. Both the pastor and the committee heads assured and reassured me the reason for my resignation would be held in strict confidence and not known by anyone outside the room we were in at the time. This was just a verbal assurance. Since then the pastor has taken it upon himself to tell several people within the congregation as well as tell the entire Pastor/Parish Relations Committee. Now the committee members are telling members of the congregation as well. Would this be considered Breach of Confidentiality? Would I have a case against the pastor and possibly the regional conference for which he is a member? Please advise.

Asked on 3/15/04, 5:30 pm

1 Answer from Attorneys

Charles White Charles G. White

Re: Breach of Confidentiality

Texas Business & Commerce Code

17.461. Pyramid Promotional Scheme

(a) In this section:

(1) "Compensation" means payment of money, a financial benefit, or another thing of value. The term does not include payment based on sale of a product to a person, including a articipant, who purchases the product for actual use or consumption.

(2) "Consideration" means the payment of cash or the purchase of a product. The term does not include:

(A) a purchase of a product furnished at cost to be used in making a sale and not for resale;

(B) a purchase of a product subject to a repurchase agreement that complies with Subsection (b); or

(C) time and effort spent in pursuit of a sale or in a recruiting activity.

(3) "Participate" means to contribute money into a pyramid promotional scheme without promoting, organizing, or operating the scheme.

(4) "Product" means a good, a service, or intangible property of any kind.

(5) "Promoting a pyramid promotional scheme" means:

(A) inducing or attempting to induce one or more other persons to participate in a pyramid promotional scheme; or

(B) assisting another person in inducing or attempting to induce one or more other persons to participate in a pyramid promotional scheme, including by providing references.

(6) "Pyramid promotional scheme" means a plan or operation by which a person gives consideration for the opportunity to receive compensation that is derived primarily from a person's introduction of other persons to participate in the plan or operation rather than from the sale of a product by a person introduced into the plan or operation.

(b) - omitted -

(c) A person commits an offense if the person contrives, prepares, establishes, operates, advertises, sells, or promotes a pyramid promotional scheme. An offense under this subsection is a state jail felony.

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Answered on 3/15/04, 7:43 pm

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