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CHARLOTTE – Seven of Charlotte’s largest independent medical practices now require their employees to get vaccinated, including OrthoCarolina and Tryon Medical Partners.
Workers must be vaccinated before October 31.
Charlotte city government workers will now need to check their immunization status. The city plans to distribute forms next week and workers will have 10 days to fill them out. Once the data is collected, the city manager will review the rates and determine if any security measures are needed.
But what if someone doesn’t want to be vaccinated? In some cases, they could be terminated. But if they lose their jobs because they refuse to be vaccinated, experts said they probably would not be able to collect unemployment benefits.
[ ALSO READ: Novant, Atrium, health departments requiring all employees to get COVID-19 vaccine ]
Labor attorney Joshua Van Kampen said about 30% of the calls he receives were from people wanting to know their legal options because their employer required the COVID-19 vaccination.
“I think people are surprised that they don’t have a lot of legal options,” he said.
From government agencies to private companies, more and more companies are requiring their employees to show proof of vaccination in order to keep their jobs.
Novant and Atrium Health now require their employees to show proof of vaccination within the next few months.
Hundreds of people protested against the warrant. And while they can protest, legally, Van Kampen said employees don’t have much to do.
He said employers are well within their rights to impose vaccinations as a reasonable requirement in the workplace. There are limited exceptions for keeping a job without getting the jab.
[ ALSO READ: Meck County issues mask mandate, weekly testing for unvaccinated workers ]
“It is, if they have a bona fide religious objection. And two, if they have a specific disability, ”Van Kampen said. “I have yet to meet any valid religious objection to taking a vaccine.”
If someone’s employer demands vaccinations and he loses his job because he chose not to be vaccinated, Van Kampen said he shouldn’t bank on getting it either. unemployment benefits. He said it is because they are not entitled to this money.
“For me, if you have a job and your employer says, ‘Hey, we want you to keep working here, but we’re going to need you to get the shot,’ and then you refuse to take the shot, I I think the department will look at that and say, “You have become voluntarily unemployed,” he said.
While many unemployment lawyers receive calls from workers weighing their legal options, Van Kampen said it would be difficult to find a lawyer willing to sue an employer over a vaccine requirement.
“If you’re going to go to court about this, you have to be compassionate and ask yourself, ‘Is a judge who has lost a family member to COVID going to be compassionate with you because you refuse to do vaccinate? said Van Kampen.
(SEE BELOW: Hundreds of people gather at Freedom Park to protest Atrium, mandate to vaccinate Novant Health employees)
© 2021 Cox Media Group
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