Mandatory Covid Vaccines at work are the recent hot topic, now that many companies are opening their doors to workers again.
Can you get fired for not taking a Covid Vaccine?
Companies could be forced to comply with vaccine mandates by government, while many employees refuse to get a Covid Vaccine.
July 2021 is when most companies will be opening their offices to workers, according to most reports.
As COVID vaccines become widely available, many employers are asking if they can require employees to get vaccinated, and what they can do if workers refuse. Some employers are firing workers who won’t take the vaccine.
NO ONE can force you to get any vaccine or take any medication. If your employer is heavily suggesting employees get the vaccine, there may be rough waters ahead for both the employer and employee.
The Equal Employment Opportunity Commission (EEOC) has weighed in with guidance that answers some workplace vaccination questions. Employers may encourage or possibly require COVID vaccinations, but policies must comply with the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 (Title VII) and other workplace laws, according to the EEOC.
“An employee with a religious objection or a disability may need to be excused from the Covid Vaccine mandate or otherwise accommodated,” noted John Lomax, an attorney with Snell & Wilmer in Phoenix. “Additionally, if an objecting employee is a union-represented employee, the employer may need to bargain and reach an agreement with the union before mandating vaccines.”
“If an employee refuses to obtain a vaccine, an employer needs to evaluate the risk that objection poses, particularly if an employer is mandating that employees receive a COVID-19 vaccine,” Lomax said.
Under the ADA, an employer can have a workplace policy that includes “a requirement that an individual shall not pose a direct threat to the health or safety of individuals in the workplace.”
An employer needs to make sure you are not a direct threat to the work environment. What does this sound like to you? They’re trying to shame and scare employees into take the Covid Vaccine.
More than likely, you have always been healthy, with no medical issues, but, since the lying news media broadcasts that everyone is a carrier for the rebranded flu, many will flock to get the death jab, while wearing the mask of compliance.
Mandatory Covid Vaccines at work forced by the government will make it tough for employers to keep employees.
If companies want to stay in business, they must comply with what the government wants; everyone must get vaccinated.
If forced into getting the Covid Vaccine, employees against the mandatory vaccine will either quit or wind up suing the company they work for.
If a vaccination requirement screens out a worker with a disability, however, the employer must show that unvaccinated employees would pose a “direct threat” due to a “significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.” in order to fire them.
Now they’re labeling non-compliance people who think for themselves a “direct threat” health hazard to those who comply at the workplace. Employers will use this tactic to weed out troublesome employees who think for themselves.
The EEOC said employers should evaluate four factors to determine whether a direct threat exists:
- The duration of the risk.
- The nature and severity of the potential harm.
- The likelihood that the potential harm will occur.
- The imminence of the potential harm.
If an employee who cannot be vaccinated poses a direct threat to the workplace, the employer must consider whether a reasonable accommodation can be made, such as allowing the employee to work remotely or take a leave of absence.
A “leave of absence” will do nothing. When the employee comes off the leave of absence, more than likely they will still refuse the covid “vaccine.”
“Managers and supervisors responsible for communicating with employees about compliance with the employer’s vaccination requirement should know how to recognize an accommodation request from an employee with a disability and know to whom the request should be referred for consideration,” the EEOC said.
Will your employer sign an agreement so if anything happens to you as a result of taking the Covid Vaccine (death), they are held responsible? NO they will not.
Will insurance pay out in the even anything happens to you in the event of your death from the Covid Vaccine? No they will not. Call your insurance company for proof.
Did you read the Covid Vaccine Consent form you must sign before taking the jab? It’s scary and full of legalities that prevent you or anyone in your family from suing anyone if anything happens to you.
Employers and employees should work together to determine whether a reasonable accommodation can be made. Helene Hechtkopf, an attorney with Hoguet Newman Regal & Kenney in New York City, said employers should evaluate:
- The employee’s job functions.
- Whether there is an alternative job that the employee could do that would make vaccination less critical.
- How important it is to the employer’s operations that the employee be vaccinated.
Religious Accommodation for Covid Vaccine
Title VII requires an employer to accommodate an employee’s sincerely held religious belief, practice or observance, unless it would cause an undue hardship on the business. Courts have said that an “undue hardship” is created by an accommodation that has more than a “de minimis,” or very small, cost or burden on the employer.
The definition of religion is broad and protects religious beliefs and practices that may be unfamiliar to the employer. Therefore, the employer “should ordinarily assume that an employee’s request for religious accommodation is based on a sincerely held religious belief,” according to the EEOC. “If, however, an employee requests a religious accommodation, and an employer has an objective basis for questioning either the religious nature or the sincerity of a particular belief, practice or observance, the employer would be justified in requesting additional supporting information.”
“If an employee cannot get vaccinated because of a disability or sincerely held religious belief, and there is no reasonable accommodation possible, an employer could exclude the employee from physically entering the workplace,” said Johnny C. Taylor, Jr., SHRM-SCP, the Society for Human Resource Management’s president and chief executive officer. “But this doesn’t mean an individual can be automatically terminated. Employers will need to determine if any other rights apply under the EEO laws or other federal, state and local authorities.”
For months, employees have been working remotely from home; this does need to be considered by employers moving forward.
Some employers have reportedly fired workers for not being vaccinated. A woman in Conway, Ark., was discharged for refusing to be vaccinated, according to WPIX 11, New York.
A New York restaurant fired a waitress who wouldn’t get the COVID-19 vaccine, according to The New York Times.
Some employers are mandating COVID-19 vaccinations before job applicants are hired, reported The Wall Street Journal.
A nurse who refuses to administer a vaccine for religious reasons may be discharged if accommodations would result in an undue hardship, but the employer must first attempt to reasonably accommodate the nurse.
Employers Encouraging Covid Vaccinations
“If an employer plans to require its employees to get a COVID-19 vaccine, it should develop a written policy,” Hechtkopf recommended. For employees who refuse to be vaccinated, she said, the employer needs to find out why.
In addition to legally protected reasons, employees may have general objections to receiving a COVID-19 vaccination that do not require a reasonable accommodation.
“Employers considering mandating vaccines should give very serious consideration to this issue,” said Brett Coburn, an attorney with Alston & Bird in Atlanta.
If a significant portion of the workforce refuses to comply with covid vaccinations, the employer will be put in the very difficult position of either adhering to the mandate from the government and terminating all of these employees, or deviating from the mandate for certain employees, which Coburn said can increase the risk of discrimination claims.
“Rather than implementing mandates that could lead to such difficult decisions, employers may wish to focus on steps they can take to encourage and incentivize employees to get vaccinated,” he said. For example, employers may want to:
- Develop vaccination education campaigns.
- Make obtaining the vaccine as easy as possible for employees.
- Cover any costs that might be associated with getting the vaccine.
- Provide incentives to employees who get vaccinated.
- Provide paid time off for employees to get the vaccine and recover from any potential side effects.
Encourage and incentivize employees to get vaccinated for Mandatory Covid Vaccines at work? So, bribery basically.
Kevin Troutman, an attorney with Fisher Phillips in Houston, also suggested offering incentives before adopting a hardline mandatory vaccination policy.
“Communicate clearly and often with employees and help them understand how vaccinations will make for a safer workplace,” he said. “Lead by example and ensure that management takes the vaccines first.”
Employers trying to force employees indirectly to get the Covid Vaccine is not going to end well. Employees not wanting to get the Covid Vaccine will not be forced into doing so, and no one should force them.
Forcing or suggesting Mandatory Covid Vaccines at work will be very difficult for both employees and employers. People have families and need to work and employers may find themselves losing their qualified employees by forcing (suggesting) they take the Covid Vaccine.
If employers lose employees to this covid hoax vaccine, they may find themselves in hot water in the way of lawsuits by employees.
If an employee has an outstanding work record and finds themselves out of a job because they won’t take the covid jab, that would pose a huge problem for the employer. What could an employer say to defend their case? The employee has been with the company for 8 years, had great yearly reviews and work ethic, and now they’re just let go for religious or medical reasons?
It is true that employers can terminate employment at anytime, however, not without much blow back in this case.
IF employees were to lose their jobs, companies would have to retrain new people, which costs money and time. On top of that, if they make Covid Vaccines mandatory to job applicants, they may find no one applying.
If employers are so terrified by the news media lies or just need to comply with government rulings, the best option would be to allow employees to work remotely from home if this is possible.
Many companies have sold their buildings or have chosen to let their leases run out, knowing it is cheaper to stay in business with less overhead by letting employees work from home.
What are your thoughts on Mandatory Covid Vaccines at work? Have a story or helpful insight to share? Let us know in the comments below.
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