Dismissed Buffalo, New York whistle-blower sues parish for breach of contract

A parish business manager fired last summer after raising concerns to the Erie County District Attorney's Office about finances at a Catholic church in South Buffalo is now suing the parish.Marc J. Pasquale filed a complaint in State Supreme Court arguing that St. Teresa parish on Seneca Street breached its contract with him.The contract runs through 2013, and the complaint said that Pasquale is owed $105,626 in wages and benefits over the remainder of the agreement.When the parish administrator, the Rev. Fred R. Voorhes, declined to fire Pasquale in August 2009, officials with the Catholic Diocese of Buffalo stepped in and removed both Voorhes and Pasquale.Both men had raised concerns to the diocese regarding financial irregularities in the parish under a previous pastor and bookkeeper, including shredded documents and missing computer records and weekly collection sheets.Pasquale, hired in 2008 as business manager and religious education director at St. Teresa, ultimately took his concerns to the DA's office. Shortly after that, he was fired.Diocesan officials have maintained in past statements that there was no malfeasance in the parish and the timing of Pasquale's firing was unrelated to his contacting the district attorney. They have declined to elaborate on the reason for the dismissals.So far, the DA's office -- which has pursued several embezzlement cases in other Catholic parishes and schools -- hasn't lodged any charges in connection with St. Teresa Church.According to the lawsuit, Pasquale was due to earn about $22,500 in base pay, plus health benefits, in his first year on the job and was to get an annual 4 percent raise in subsequent years of the contract.
The suit for breach of contract claims Pasquale was wrongfully terminated without cause or explanation and seeks $105,626 in compensation, as well as court fees.Pasquale said in an interview that he does not wish to punish the parish and wasn't seeking punitive damages. He initially sought to sue the Diocese of Buffalo, but according to nonprofit corporate laws, the parish is considered the defendant party in the case."It wasn't my intention to hurt them in any way. I only want what I was entitled to," said Pasquale, who called his salary and benefits package "very modest.""The irony of the situation is that this was all instigated at a diocesan level and the parishioners end up being the folks left holding the bag," he added.Pasquale remains employed as director of religious education at St. Aloysius Church in Springville. He is being represented by the law firm of Mattar, D'Agostino & Gottlieb.The current pastor of St. Teresa, the Rev. James B. Cunningham, referred a call about the lawsuit to the diocese, which issued a prepared statement."Mr. Pasquale's employment was terminated, it was terminated lawfully, and he is not entitled to any further compensation," the diocese said.



A diocesan spokesman said there was no further comment.