Employees Facing Termination and Other Consequences for Not Taking Covid Vaccine
The first case of Coronavirus occurred in December 2019. Three months later, in March, many states in the United States practically shut down. By this time, Coronavirus cases in the country were increasing at an alarming rate. Other states followed suit soon after. The closures affected businesses and workers alike. Businesses lost profits while employees lost their jobs and were suddenly left without an income. Some businesses were able to adapt and make their employees remote to remain open during the shutdowns.
Although the pandemic is not over, most of the shutdowns are over and many businesses have been allowed to reopen. This means that people are returning to work – something that has been long anticipated. It is important to note that mass the mass reopening of businesses and the return of employees to the workplace comes after the vaccine became readily available to most adults.
Since the vaccines were approved for emergency used, all eligible parties have been encouraged to get vaccinated. However, it largely remained a personal choice. Recently, however, employers have started changing their policy to mandate vaccination. Employers have the right to require their employees to be vaccinated, but it can be a tricky subject, especially in terms of remaining compliant with employment laws.
Some Common Questions
Did you face some negative actions in the workplace because you didn’t take the vaccine? If so, you might have questions about your situation and your rights. Some of the most common questions include the following:
- I was suspended from my position for not taking the vaccine. What can I do?
- I was fired from my work for not taking the vaccine. Can they do that to me?
- I was demoted from my job for not taking the vaccine. Do I have any rights?
- I had an exemption, but I was still fired. What are my options?
I was terminated even though I was exempt to the vaccine mandate. What can I do? - What are my rights as an employee related to not taking the vaccine?
Did you lose your job or suffer any negative action against you in the workplace because you didn’t take the COVID-19 vaccine? If so, you might have the right to take action against your employer. You could be eligible to pursue an employment lawsuit against your employer, especially if you had a medical, religious, or cultural exemption based on employment laws.
Are you interested in exploring the legal options available to you after being terminated, demoted, or facing other negative actions in your workplace? If so, it is important that you contact the experts at our employment law firm immediately. Our lawyers can help you understand your right to sue and take action against your employer.
At Downtown L.A. Law Group, our lawyers have many years of experience handling a variety of claims, including employment claims. We are not afraid to take action against employers who mistreat their employees and violate employment laws. Our employment attorneys are knowledgeable on the matter and are ready to provide you with the representation that you need to sue your employer and fight for your rights. Do not hesitate to contact our experts immediately to learn more about your right to sue.
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Vaccination Mandates in the Workplace and Employment Laws
Everyone wants things to go back to normal. For businesses and workplaces that have been severely impacted by the pandemic, requiring employees to be vaccinated has been just one of the steps to reach normalcy. Even though employers can require their employees to be vaccinated without violating any employment laws, some employees either do not want or cannot take the vaccine based on some factors that are protected by employment law.
Employers can mandate that their employees are vaccinated; however, they must continue adhering to employment laws. Some examples of the federal laws that employers must follow even when requiring vaccines include the following:
- Title VII of the Civil Rights Act
- The Americans with Disability Act (ADA)
These laws essentially result in religious, medical, and cultural exemptions from vaccine mandates in the workplace. In other words, employees protected by the laws listed above could be exempt from vaccination mandates; they could also be given a reasonable accommodation to reduce the risk that they present to themselves and to others in the workplace (like working remotely, altering their schedule to reduce contact with others, allowing them to go on leave, providing them with PPE, and routinely testing them, for example). Ultimately, the employer could still prevent the employee from being on the workplace – specifically if a reasonably accommodation is not possible.
Although employers should work something out with employees who are exempt from vaccination mandates, figuring something out isn’t always possible.
Employers Are Terminating Employees Who Refuse the Vaccine
Recently, organizations have started to fire employees who refused to take the Covid vaccine. In specific, hospitals have started firing their staff for not being vaccinated – it is important to note that all hospital staff at are a higher risk of contracting the virus and passing it on to vulnerable patients. The termination of hospital staff resulted in a lawsuit. However, the judge that handled the case agreed with the hospital; after all, terminated employees who refused the vaccine would ultimately make the entire hospital safer for both patients and other employees.
Could you be legally terminated? If you are exempt from getting the vaccine because you are protected by employment laws, you could still be terminated given that your lack of vaccination represents a threat or risk to others in the workplace that cannot be addressed by a reasonable accommodation. What if you do not have a valid exemption? If you do not have an exemption and you simply do not want to take the vaccine, you could be legally terminated – given that your termination is not discriminative in another way. Although employees can definitely be terminated for failing to comply with company policy, employers are encouraged to work with their employees to find a solution before resorting to termination or other negative employment consequences.
I had a religion, cultural, or medical exception, but I was still terminated. What Can I Do?
If you were fired regardless of a valid exemption protected by employment law, you might have grounds to file an employment claim against your employer. However, you will need to prove that your termination, demotion, or other action against you was a form of discrimination and a violation of employment law. Can I be involved in a class action lawsuit against my employer? Yes, you could participate in a class action lawsuit especially if your employer fired multiple people unjustly and in violation of employment laws
For more information about the legal options available to you after being fired for not taking the coronavirus vaccine, do not hesitate to seek legal assistance with our employment attorneys immediately. Our lawyers are ready to provide you with the guidance that you need to pursue your claim and hold your employer accountable.
Filing a Complaint with an Employment Agency
All employment claims must go through the appropriate employment agency. For example, claims filed based on violation of federal employment laws must be filed with the Equal Employment Opportunity Commission (EEOC). If you are filing based on a state employment law, then you would file with the state’s employment agency – which is the Department of Fair Employment and Housing (DFEH) in California, for instance. These agencies investigate employment claims and take action against the employer. If you would rather handle your claim civilly, you must request the right to sue before being able to take legal action against your employer. For more information about these employment agencies and your right to sue, do not hesitate to see legal assistance with the experts at our firm today.
What Could You Recover?
If your employment lawsuit against your employer is successful, you could recover compensation. What could you receive? You could recover compensation for your lost wages as well as your lost work benefits, for instance. In some cases, affected employees could be reinstated. It is also possible for there to be significant policy changes in the workplace as a result of a successful lawsuit. Every employment case is different, however. Therefore, to ensure that you have a thorough understanding of how you could be compensated if your employment claim is successful, do not hesitate to contact the experts at our law firm immediately.
Contact Downtown L.A. Law Group Today
At Downtown L.A. Law Group, our employment attorneys are more than ready to provide you with the guidance that you need to start your employment claim against your employer. Our lawyers are proud to have many years of experience handling employment claims and helping employees fight for their rights. At our firm, we offer free legal services – which include free consultations and free second opinions. During these free legal services, our employment experts will provide you with all the information that you need to start or even continue your claim; they will answer all your questions and address all your concerns.
At our firm, we offer a Zero-Fee guarantee, meaning that there will be zero upfront legal costs. In addition, our firm is based on contingency; so you will not have to pay anything until your employment lawsuit is successful.
If you are ready to discuss your claim with our experts, contact us at your earliest convenience. Our employment experts are ready to help you file your coronavirus vaccine termination lawsuit.
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