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Lester v. Butler

The denial of unemployment benefits to the claimant violated the Free Exercise Clause of the First Amendment, since she was fired for refusing to work on Saturdays because of her religious beliefs.

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Shirley D. Lester appeals from an order of the Superior Court of Athens-Clarke County affirming a decision by the Department of Labor’s Board of Review “Board”, which denied her application for unemployment benefits after her employer fired her when she refused to work on Saturdays because of her religious beliefs adopted after beginning employment.1 Lester argues that the denial of her claim for unemployment benefits violated the Free Exercise Clause of the First Amendment.2 We agree, reverse, and remand this case for further proceedings consistent with this opinion.

On appellate review of unemployment appeals, this Court does not sit as a fact-finding body, but rather one for the correction of errors of law. . . . When this Court reviews a superior court’s order in an administrative proceeding, our duty is not to review whether the record supports the superior court’s decision but whether the record supports the final decision of the administrative agency.3

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