Refusing the flu shot could get you fired

By Jaklitsch Law Group on Sunday, January 13, 2013.


Can you be fired for refusing the flu shot? That’s a great question.

Many employers are now requiring employees receive a flu shot. But can an employer legally force you to get a vaccination or risk losing your job?

Unfortunately for those afraid of needles, the answer is generally “yes.” Employers can require that you get a flu shot in many cases.

Most employees in the workforce are considered “at-will” employees. That means that employers can fire you for any, or no, reason at all. So just as you could get fired for coming in late, using foul language, or bad work, you could also get fired for refusing a flu shot.

And these terminations have already happened, as the Indianapolis Business Journalrecently reported. Most flu shot-related firings affect healthcare workers, who are generally required to get flu shots and other vaccinations as a condition of employment.

But what about those who argue that they have privacy rights over their own body? Well, you do. You can refuse a flu shot. And you have the right to protect your body from shots and unwanted vaccinations. However, this doesn’t give you the right to work for an employer that wants a vaccinated workforce.

In other words, no one will physically force you to get a shot. You just may be jobless if you refuse one.

As for workers who are not at-will, you may have a right to refuse a flu shot and keep your job. This is especially true for union workers and those under employment agreements that spell out specific enumerated reasons for termination. If refusing a vaccination or flu shot is not one of those reasons, the employer typically may not unilaterally terminate you for such refusal.


You may like these too

Total Loss of Vehicle Settlement Negotiations
When a car accident occurs, one of the first concerns you need to focus on is your health and well-being. Yet, there is also the need to consider your vehicle....
How to Increase Settlement Value in Maryland
In the event of any kind of accident, people are always curious about what their case is worth. The settlement negotiated in each case depends heavily upon the details and...
What Is The Statute Of Limitations For Personal Injury Cases?
The term “statute of limitations” is a set of laws that define the period of time in which you must file a lawsuit following a criminal or civil situation, or...

Have something you need to Consult?

We’re always ready to help. Reach out to us to schedule a consultation. No need to worry about fees. This one is on us, so let’s discuss.