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With a vaccine obviously around the corner, many employers now face the prospect of deciding whether or not they should have their employees get the coronavirus vaccine. For many employees, it will be a choice. For others, it might be a requirement. But is an employer legally allowed to require employees to get the coronavirus vaccine?
In America, employers can fire you for anything at all. They would be perfectly justified in firing an employee who refuses to get vaccinated. That employee would represent a very serious danger to the employees and to the success of the company itself. If that employee brought the virus to work and then infected the people at work then the company would have to shut down for an extended period of time which would cost the company millions of dollars it could even bankrupt the company. So if I was the owner of the manager of the company and I found that an employee failed to verify that he received the vaccine I would definitely fire him or lay him off until he either got the vaccine or the pandemic had run its course and he was no longer a threat. It helps understand that this virus is killing people it’s not your normal virus it is an absolute requirement that people get vaccinated. However to tell you the truth I wouldn’t want anybody working at my company who did not believe in vaccines because the chances of them bringing the flu into work is much greater than those who get the flu shots.
the answer is yes. But there are a few situations in which the employer could get into hot water for doing so. Workers with preexisting conditions might have a good argument that the vaccine combined with their preexisting condition creates a covered disability.
And that the employer has a duty to reasonably accommodate them. We don’t know how the vaccine is going to react in certain people. If the vaccine would greatly exacerbate some sort of preexisting condition (asthma comes to mind), then an employee could request a reasonable accommodation.
And the accommodation could be not to take the vaccine. The employer would then have to work with the worker to find an accommodation that does not involve taking the vaccine.
And the employee would receive job protection.