I was fired because I refuse to be vaccinated against COVID-19. Can I continue?

Through Lynne curry

Updated: 3 hours ago Posted: 4 hours ago

Question: I can not believe it. My employer fired me because I didn’t want to get the vaccine.

I guess you could say they “warned me”. I had received the “You must show proof of vaccination by September 30th, or we will consider you have voluntarily quit” emails, but I couldn’t believe they would fire us all. There are a lot of us who work here who don’t want to inject this stuff into our blood. I thought our managers would see it right and give in.

I received a notice Thursday evening stating that unless I submit proof of vaccination, I would receive my last direct deposit on Friday. Is it legal? Don’t I have employee rights? Can I continue?

Reply:

As an individual, you have the right to choose to be vaccinated. Your employer has the right to require that all employees, other than those with legally valid exemptions, be vaccinated.

“These employer mandates are analogous to the at will employment doctrine that Alaska and many other states observe,” notes attorney Charles Krugel. “The valid exemptions relate to people medically counseled for religious reasons to avoid vaccination. An employer may require medical documentation or proof of an honest belief before granting the exemption. Additionally, says Krugel, “Employers must engage in an interactive discussion with an employee to determine the validity of an exemption. Employers cannot simply make a general statement that one medical reason or religious belief is more valid than another without this interactive discussion.

Employers in many states have fired employees who defied their employer’s vaccination mandates. On September 28, United Airlines, noting that 96 percent of their employees have been vaccinated, announced that it would lay off 593 unvaccinated employees. Of the remaining 4%, 3% request an exemption, which could result in their being placed on unpaid leave. Six employees seeking accommodation have sued United, arguing that being put on indefinite unpaid leave means their jobs have effectively been terminated. These six people will remain employed until October 8. Norvant Health, noting that more than 99% of 35,000 employees have been vaccinated, fired 175 unvaccinated employees and suspended 375 others, giving them five days to get at least one injection. CNN, which had allowed employees to return to the office if they were vaccinated, fired three employees in September when it learned they had not been vaccinated.

Some employers have offered employees the option of working remotely or having weekly tests. Some of these employers plan to perform weekly COVID tests on site; others will require employees to be responsible for their own testing. Some employers, such as Delta Air Lines, require unvaccinated employees to pay an additional $ 200 per month for their company health plan. Other employers limit company offices and gyms to vaccinated employees only. MGM Resorts International will not pay unvaccinated employees for quarantine leave if they test positive for COVID.

You ask if it’s legal. Employers have the right to set terms and conditions of employment, unless they intentionally or unintentionally discriminate, violate employee rights or public order. Additionally, federal laws and many state and local laws support your employer’s decision. The Federal Equal Employment Opportunity Commission has said that U.S. employers can require all employees entering a workplace to be vaccinated if those employers provide accommodations for those who are not vaccinated due to ‘a disability or sincere religious beliefs. Employers can fire employees who do not comply with an employer’s policies, including workplace safety protocols.

You asked if you could continue. Any terminated employee can sue, but your lawsuit will likely fail. More than 100 Methodist employees in Houston have sued their employer’s vaccination mandate. A US district judge dismissed the lawsuit, ruling that the complainant employees could choose to refuse the vaccination and work elsewhere.

Finally, while you would expect your employer to give in to your anti-vaccination decision, your employer has mandated vaccination to maintain a reasonably safe work environment, minimize business risks, and manage legal liability. Now you have to answer the question: do you want to keep your job if it means getting vaccinated or do you need to find an employer more accepting unvaccinated workers?