MICHAEL H. VANDERBURG, Petitioner, v. NC DEPARTMENT OF REVENUE, Respondent
Court of Appeals
NO. COA04-554

Filed: 1 March 2005

The Facts
Michael Vanderburg was an employee with the N.C. Department of Revenue when he was terminated for work unsatisfactory work despite his first line supervisors writing nothing but good remarks. Vanderburg held a second job as an assistant pastor and was told to take down any religious items in his cubicle. Vanderburg believes he was terminated due to religious discrimination. The lower court ordered Vanderburg’s job be returned permanently with full benefits. The N.C. Department of Revenue appeal this decision. 1. Whether Public Officers and Employees that are under probationary non-career employee …show more content…
Vanderburg also showed significant evidence that showed the supervisors had been discriminating against him because of his religious beliefs. Two of Vanderburg’s superiors had also defended Vanderburg’s work ethic and efficiency. His superiors had argued that Vanderburg was a valuable asset to their department. The issues began immediately after Vanderburg started working as an associate pastor as a secondary job. Vanderburg was also told to remove religious items on display from his cubicle even though other people were allowed to continue showing theirs. Vanderburg’s caseload increased quite significantly without any explanation as to why.

Separate or dissenting opinions
One of the judges concurs, but with a separate opinion. This judge differs in opinion because he believes that the reason Vanderburg is exempt from NCGS 126-36 is due to a different reason other than that explained by the other judges. He stated that Vanderburg was not discriminated against religious freedoms, only religious acts. He also explained that Vanderburg would still be ruled in favor of because of a past ruling with similar circumstances. Another ruling of the same matter cannot be ruled a different way by an equal or higher court system, and I had been ruled on by the Court of Appeals.

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