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CCH® UNEMPLOYMENT INSURANCE — 4/09/15

Seventh Day Adventist did not commit disqualifying misconduct when she missed work on Saturdays

The court reversed a decision that denied benefits to a claimant who was fired when she refused to work on Saturdays. The claimant became a Seventh Day Adventist after she began working for her employer, and her refusal to violate her religious beliefs by working on Saturdays led to her termination. It was clear that she would not have been fired if she had not missed work on those Saturdays. Because the change in availability was made based solely upon her religious beliefs, her disqualification for unemployment benefits was prohibited by the First Amendment and controlling U.S. Supreme Court precedent. The case was remanded for an award of benefits (Lester v. Butler, Ga. Ct. of App., No. A14A2008, March 17, 2015).