Are there rumors that your employer is going to mandate COVID-19 “vaccines?” Or, maybe you’ve received a notice already.
If you want the shot, then there’s no problem. If you’re not sure, seek medical advice from professionals who have done research on health conditions and COVID-19 and the vaccines.
If you do not want the shot, why quit? Sure, many of us have dreamed at one time or another of shouting, “Take this job and shove it.” But why quit over a shot? Consider riding the wave and see where you land.
- If you don’t want the shot, some other employees probably don’t want the shot. An employer should not prevent you from discussing among co-workers about employer demands. Why? NLRA. The National Labor Relations Act applies to almost every private employer whether there is a union or not. Most of the conversations surrounding coming together against an employer mandate will be covered speech. Being a thorn in the side of your employer won’t win you points, but if you are up for a little wave, consider organizing those who don’t want to succumb and letting your employer know how many of you there are.
- Don’t forget to explore exemptions such as: religious and medical.
- Talk to a plaintiff’s employment lawyer. It may take a while to find the right one because this is such a new cause of action. As long as the shot is still under EUA status, there is a good case that the mandate is not permissible.
- What’s the harm of being fired? Most good employees have been terminated at some point in their career. Being terminated because you won’t submit to a shot is not performance based. You probably don’t want to go to work for another employer who is going to mandate shots. You might even have a stronger legal case if you are fired and may be able to collect unemployment (don’t rely on that yet).
- Employers do change their minds. They may want to mandate, but just saying they are going to will encourage many employees to get the shot. In the end, if they don’t have to mandate, they may not. You don’t really know. And, if there are enough employees complaining, your employer could have a change of heart (or not).
- Present your employer information. It’s possible they only have what the government and media want them to know. Studies on prophylactics and early treatment abound. Gather them and distribute them to your manager and HR. Remember rocking the boat will not endear you to your employer.
- Do look for a job. You may be pleasantly surprised what awesome opportunities await you! Maybe this is just the shot in the arm you need to look for a better career move.
If you are going to take the shot, present your employer with a signed document (for them to sign as well), that you do not want the shot. The only reason you are getting the shot is due to their requirement. Why? If there are problems later, this can help your ability to collect anything from your employer. Don’t count on that either.
If your employer has workers’ compensation insurance, you may have a claim if you have adverse reactions through the comp system. If your employer doesn’t have insurance, and you have reactions to the shot, you may be able to sue your employer.
Give your employer notice that it is their fault you are taking the shot. There will be an argument that you could quit, so that argument may not fly either. Up to you if you want to try!
Always seek advice from a lawyer in your area before jeopardizing your future with your company. These are just some options to discuss with your attorney.
Take the time to decide what path is right for you. Good luck.
