Mathis v. Unemployment Compensation Board of Review
64 A.3d 293
| Pa. Commw. Ct. | 2013Background
- Claimant Mathis, employed April 2010 to January 23/24, 2012 as a full-time sheet metal installer for Christian Heating & Air Conditioning, owned by David Peppelman.
- Claimant argued he left due to discrimination and a violation of religious freedom tied to a company mission statement on the employee ID badge.
- The badge front includes name, position, employee number, photo; the reverse bears a mission statement asserting the company is a ministry with religious standards.
- The Service Center initially determined Claimant’s separation involved discharge for insubordination and considered Section 402(e); later, Board found a voluntary quit under 402(b).
- Remand hearings produced conflicting testimony; the Board ultimately found Claimant had a real choice: wear the badge or leave, and he chose to quit.
- Claimant appeals arguing (a) discharge, not resignation, and (b) necessitous and compelling reason based on religious harassment, which the court rejects, affirming Board.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the separation a voluntary quit or a discharge? | Mathis argues he was discharged, not quit. | Board determined he voluntarily quit based on a real choice to wear the badge or leave. | Claimant voluntarily quit. |
| If voluntary quit, did claimant have a necessitous and compelling reason related to religious beliefs? | Mathis contends harassment and religious conflict justified leaving. | Employer did not coerce or change conditions; no sincere religious conflict proven. | No necessitous and compelling reason established. |
Key Cases Cited
- Iaconelli v. Unemployment Compensation Board of Review, 892 A.2d 894 (Pa.Cmwlth.2006) (legal standard for reviewing whether separation is voluntary)
- Monroe v. Unemployment Compensation Board of Review, 535 A.2d 1225 (Pa.Cmwlth.1988) (conflict between religious beliefs and job requirements may constitute necessitous reason)
- Monroe v. Unemployment Compensation Board of Review, 112 Pa.Cmwlth. 488 (Pa.Cmwlth.1988) (actual conflict between beliefs and requirements may justify leave)
- Thomas v. Review Board of the Indiana Employment Security Division, 450 U.S. 707 (1981) (free exercise concerns when government conditions benefit on religious conduct)
- Middletown Township v. Unemployment Compensation Board of Review, 40 A.3d 217 (Pa.Cmwlth.2012) (necessitous and compelling standard involves real pressure and reasonable preservation efforts)
- Brunswick Hotel & Conference Center, LLC v. Unemployment Compensation Board of Review, 906 A.2d 657 (Pa.Cmwlth.2006) (necessitous and compelling standard and preservation efforts in leaving)
- Wise v. Unemployment Compensation Board of Review, 700 A.2d 1071 (Pa.Cmwlth.1997) (credibility and finality in determining discharge versus voluntary quit)
- On Line Inc. v. Unemployment Compensation Board of Review, 941 A.2d 786 (Pa.Cmwlth.2008) (Board weighing of evidence and credibility as ultimate finder of fact)
- Monaco v. Unemployment Compensation Board of Review, 523 Pa. 41 (1989) (finality and immediacy of discharge analyzed to distinguish voluntary resignation)