Gent v. Pride Ambulance Co. – 12.139

Gent v. Pride Ambulance Co.
Digest No. 12.139

Section 421.29(1)(b)

Cite as: Gent v Pride Ambulance Co, unpublished per curiam opinion of the Michigan Court of Appeals, issued January 12, 2006 (Docket No. 252912).

Appeal pending: No
Claimant: Sheri L. Gent
Employer: Pride Ambulance Company
Date of decision: January 12, 2006

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HOLDING: Claimant was eligible for benefits when she was discharged from her employment for her refusal to work because claimant’s refusal to work was based on her conscientious observance of the Sabbath.

FACTS: Claimant was employed as a paramedic by Pride Ambulance. In September 2002, claimant informed her employer that she could no longer work on Saturdays because that was her Sabbath day. Claimant was a Seventh Day Adventist. Claimant had regularly worked Saturdays but decided to discontinue the practice, and arrangements were made to accommodate her after Saturday, October 5, 2002. Pride found a replacement worker for September 28, but not for October 5. When claimant informed Pride that she would not come into work on October 5, Pride informed her that such an action would be considered job abandonment. Claimant did not come to work on Saturday, October 5, and she turned in her uniform the following Monday.

DECISION: Affirming the Circuit Court, but on different grounds, the Court of Appeals held that regardless of the existence and application of general rules protecting the free exercise of religion, the clear language of the applicable employment security rules supports an award of unemployment benefits.

RATIONALE: The court relied on a Michigan Employment Security Commission rule, promulgated to implement section 29 of the MES Act. 1985 MR 6, R 421.209 stated: “An individual who refuses to work on the Sabbath designated by his or her religion, or who is discharged from work or voluntarily leaves work, solely because of the conscientious observance of the Sabbath…shall not…be disqualified from receiving unemployment benefits.” Pride offered no justification for their failure to follow the established rule for resolving this benefits dispute. The court considered analyzing any First Amendment issues as unnecessary because the claimant is eligible for unemployment benefits based on the plain language of the employment security rule. Therefore, the constitutional question need not be addressed.

Digest Author: Adam Kleven, Michigan Law, Class of 2018
Digest Updated: 1/6/2016