Key State Bank v. Adams

360 N.W.2d 909, 138 Mich. App. 607
CourtMichigan Court of Appeals
DecidedNovember 5, 1984
DocketDocket 71910
StatusPublished
Cited by2 cases

This text of 360 N.W.2d 909 (Key State Bank v. Adams) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Key State Bank v. Adams, 360 N.W.2d 909, 138 Mich. App. 607 (Mich. Ct. App. 1984).

Opinions

Shepherd, J.

Appellant, Key State Bank, employed appellee Georganne Adams in a position requiring Saturday work. Subsequent to commencement of her employment, and after working on Saturdays for a period of several months, Adams underwent conversion to the Seventh-day Adventist Church and refused to work on Saturdays any longer. Appellant discharged Adams after trying, without success, to accommodate her religious beliefs. The issue posed is whether Adams is entitled to unemployment compensation benefits. We hold that the Free Exercise Clause of the First Amendment, US Const, Am I, prevents the state from withholding benefits when the reason for termination of employment is based upon conversion to a religious faith.

Adams began work with the bank as a teller on July 2, 1979. As a condition of her employment (a condition of which she was aware when she was [610]*610hired), Adams was required to work every other Saturday. In September, 1981, she began attending the Seventh-day Adventist Church. She and her husband became increasingly involved with the church, beginning Bible studies in January, 1982. They accepted the doctrine of the church (namely, that the Sabbath, Saturday, should be kept holy, which meant that Adams could not work on Saturdays).

On February 15, 1982, Adams notified the bank of the conflict between her work schedule and her newly acquired religious beliefs and requested that the bank accommodate her. She continued to work Saturdays through February 27, 1982. On March 4, 1982, the bank advised her that an accommodation could not be made without undue hardship to other employees who refused to take Adams’s Saturday work shifts. The bank notified Adams that she would be kept in mind for other available positions which would not require Saturday work as such positions arose.

Adams refused to work on the next Saturday on which she was scheduled to work. The bank placed her on probation for a 30-day period, explaining that failure to work on Saturdays would result in her termination. Nevertheless, she indicated that she would not work on Saturdays. She was again scheduled to work on Saturday, April 10, but was absent from work on that day. On the following Monday she was notified that her employment was being terminated for failure to comply with bank policy regarding her work schedule. On April 17, 1982, Adams was officially baptized as a member of the Seventh-day Adventist Church.

Adams’s initial application for unemployment benefits was denied. She filed an appeal and a referee hearing was held. On July 9, 1982, the referee issued his opinion denying her unemploy[611]*611ment benefits on the ground that she was disqualified for voluntarily leaving within the meaning of § 69(2)(a) of the Michigan Employment Security Act, MCL 421.1 et seq.; MSA 17.501 et seq. Adams appealed the referee’s decision to the Employment Security Board of Review. On December 8, 1982, the board reversed the referee’s decision, holding that Adams was eligible for benefits.

On the bank’s appeal to the circuit court, the Michigan Employment Security Commission was added as a party defendant by stipulation of the parties. On June 1, 1983, the circuit court affirmed the decision of the Board of Review. The bank appeals as of right.

The bank argues that Adams is not entitled to unemployment benefits because she chose, after beginning employment, to acquire religious beliefs which conflicted with the requirements of her job. We disagree.

The applicable statutory provision regarding disqualification for unemployment compensation benefits is set forth in MCL 421.69; MSA 17.569(19), and provides in part as follows:

"(1) Notwithstanding section 29(l)(a) and (b) and section 29(3), (4), and (9), for separations occurring after March 1, 1981, and before April 1, 1983, the following provisions are applicable.
"(2) An individual shall be disqualified for benefits, in all cases in which he or she:
"(a) Has left work voluntarily without good cause attributable to the employer or employing unit.”

For substantial guidance, we turn to the United States Supreme Court’s decisions in Sherbert v Verner, 374 US 398; 83 S Ct 1790; 10 L Ed 2d 965 (1963), and Thomas v Review Bd of Indiana Employment Security Div, 450 US 707; 101 S Ct 1425; [612]*61267 L Ed 2d 624 (1981). In Thomas, a Jehovah’s Witness left his job because of religious convictions after being transferred to a munitions factory. At the time that he commenced employment in a foundry, Thomas indicated on his employment application that he was a Jehovah’s Witness and studied the Bible. However, he placed no conditions on his employment, nor did he set forth the basic tenets of his religion. After one year’s work, the employer closed the foundry and transferred Thomas to a department that manufactured military equipment. Upon realization of this fact, he checked to see if any of the other departments produced nonmilitary items. When this check yielded a negative answer, Thomas requested a layoff on the ground that he could not participate in the production of military equipment without violating the principles of his religion. The employer denied this request. Thomas then quit his job.

Thomas’s application for unemployment compensation benefits was denied. The hearing referee specifically found that "claimant did quit due to his religious convictions” but denied benefits on the basis that Thomas quit without "good cause [arising] in connection with [his] work” as required by the Indiana unemployment compensation statute. 450 US 712. The Supreme Court reversed, finding that the state’s denial of benefits infringed upon Thomas’s free exercise of religion.

The Thomas decision relied to a large extent upon Sherbert, supra. In Sherbert, an employee was discharged for failure to work on Saturdays, which would have been against her religious principles. The claimant therein became a member of the Seventh-day Adventist Church at a time when her employer permitted her to work a five-day week. When all three shifts in the employer’s mill [613]*613began working Saturdays, the claimant refused to work and was discharged. The state denied her unemployment benefits for the reason that she was "available” for "suitable work” which she refused to accept. Under the South Carolina unemployment compensation scheme, she was deemed disqualified for benefits. In Sherbert, the Court set forth the requisite inquiry as follows:

"If, * * * the decision of the South Carolina Supreme Court is to withstand appellant’s constitutional challenge, it must be either because her disqualification as a beneficiary represents no infringement by the State of her constitutional rights of free exercise, or because any incidental burden on the free exercise of appellant’s religion may be justified by a 'compelling state interest in the regulation , of a subject within the State’s constitutional power to regulate * * *.’ ” 374 US 403:

In the instant case, the bank contends that, after accepting employment with the understanding that it entailed Saturday work, Adams changed her religion voluntarily, thereby creating circumstances where her unemployment was not involuntary.

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Related

MISSISSIPPI EMP. SEC. COM'N v. McGlothin
556 So. 2d 324 (Mississippi Supreme Court, 1990)
Key State Bank v. Adams
360 N.W.2d 909 (Michigan Court of Appeals, 1984)

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360 N.W.2d 909, 138 Mich. App. 607, Counsel Stack Legal Research, https://law.counselstack.com/opinion/key-state-bank-v-adams-michctapp-1984.