The coronavirus pandemic has changed the lives of many people. After the vaccine became available to most people over the age of 16, those who have been vaccinated are slowly trying to get back to their normal lives (just like those who are still unvaccinated, albeit with more precautions), which has included resuming normal activities – like going into work.
As the vaccine has become more accessible, many employers are encouraging their employees and even requiring their employees to get vaccinated. Recently, one of the vaccinations was granted full FDA approval, which is likely to lead to more employers requiring the vaccination.
For a long time, getting the vaccine has been a personal choice. However, with the vaccine mandates that are becoming commonplace in the workplace, more people are facing the decision of either getting the vaccine or possibly losing their jobs. Although employers have the right to have vaccine mandates and can legally terminate employees who do not comply, not all terminations are valid – and some actually violate employment laws.
Were you fired for refusing to take the COVID-19 vaccine? Based on the details surrounding your termination, you might have grounds to file a lawsuit – specifically, you could be eligible to file a wrongful termination lawsuit for being fired for not getting the vaccine. If you are interested in learning more about your right to file an employment lawsuit if you were terminated for not agreeing to take the vaccine, do not hesitate to seek legal assistance with the experts at our law firm today.
At Normandie Law Firm, our lawyers have years of experience handling all sorts of claims – our experts are focused on getting our claimants the best payout available for their claims. We have successfully handled countless employment claims and helped employees who have been treated unjustly in the workplace, including those who have been unfairly terminated. Do I have a case? Do I have the right to sue? To learn more about your right to file a lawsuit, you should discuss your current situation with the experts at our firm immediately. Our lawyers are ready to help you every step of the way.
Vaccination Mandates Common in the Workplace
As the vaccine has become more accessible, employers have started requiring their employees to be vaccinated in order to work on-site. These employers are changing their policy and adding vaccination mandates. Can employers do this? Do employers have the right to add vaccination mandates to their workplace policy? Yes – employers have the right to require their employees to be vaccinated. However, it is important that their vaccine mandates do not infringe of the rights of their employees.
Some federal laws that employers must continue adhering to even when requiring vaccines in the workplace include Title VII of the Civil Rights Act and the Americans with Disability Act (ADA), for instance. California employment law also must be followed; employers must adhere to the Fair Employment and Housing Act (FEHA).
These employment laws protect employees from discrimination. Certain employees could be eligible for exemption from the vaccine based on their religion, culture, or medical condition, for example. If employees have a valid exemption, then employers are required to give then a reasonable accommodation. The goal of the reasonable accommodation would be to reduce the risk that unvaccinated employees represent to themselves as well as to others in the workplace, whether they are customers or other employees. Some examples of reasonable accommodations for those with exemptions to vaccine mandates include the following: routinely subjecting them to tests, providing them with personal protection equipment (gloves, face masks, face shields, hand sanitizer, disinfectants, etc.), changing their schedule around, allowing them to work from home, or allowing them to go on leave, for instance.
If the risk that the unvaccinated employee represents to him or herself and to others is too great, even with a reasonable accommodation, then employers have the right to prevent them from entering the workplace entirely.
Can my employer force me to take the vaccine? The vaccine remains a personal choice for some. Although your employer could change the policy to require employees to be vaccinated, no one can force you to take the vaccine. However, you run the risk of being terminated if your refusal to take the vaccine violates workplace policy.
Can my employer terminate me for not taking the vaccine? If you do not have an exception to vaccine mandates base on state or federal employment laws, you could potentially be terminated. Your termination could be legal given that it doesn’t violate any employment laws. Even if you have an exemption, your termination could be legal if your employer tried to provide you with a reasonably accommodation or if the risk that you presented to yourself and to others was simply too great.
Do I Have a Wrongful Termination Case?
If you were terminated even though you had an exemption based on federal or state laws, or if your employer refused to provide you with a reasonable accommodation, then you might have grounds to pursue a wrongful termination case. Can I sue? Do I have a case? Yes, you might have a case and be able to sue your employer; however, your right to sue will be based on the specific details surrounding your claim.
Could you participate in a class action lawsuit? If your employer is a large employer that resorted to unlawful mass layoffs due to not getting the vaccine, then all affected employees could potentially participate in a class action lawsuit against the employer.
For more information about your right to file an employment claim after your unlawful termination for not taking the COVID-19 vaccine, do not hestiate to contact a wrongful termination lawyer as soon as possible. An experienced employment lawyer can help you understand your right to sue for your wrongful termination.
Dealing with the Appropriate Employment Agency
All employment claims must be filed with either the federal or state employment agency. On the federal level, the Equal Employment Opportunity Commission (EEOC) handles complaints. In California, the state agency that handles employment claims is the Department of Fair Employment and Housing (DFEH). These agencies handle employment claims and could take action against the employer; although employees have the option to request the right to sue from these agencies to pursue their claims civilly.
Contact Normandie Law Firm Today
Are you in need of an employment lawyer for a case against your employer for your wrongful termination? If so, do not hesitate to contact the experts at our law firm immediately. Our lawyers are ready to provide you with all the information that you need to pursue your employment claim and hold your employer accountable for your wrongful termination.
At our firm, we offer free legal services which include free consultations and free second opinions. During these legal services, our lawyers will be available to answer all your questions, address your concerns, and essentially provide you with all the information that you need to start your employment claim. To benefit from our free legal services, do not hesitate to contact our experts immediately.
We offer a Zero-Fee guarantee; therefore, you will not be required to pay any upfront legal expenses for our legal services. In addition, we work on contingency; therefore, our clients will not be responsible for paying anything until they win.
If you are ready to discuss your employment claim with our experts, contact us today.
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