Since December 2019, Covid-19 has affected practically everyone in the world. There have been countless positive cases and countless deaths. In addition, businesses and workers have been affected in many ways. Businesses were forced to closed due to government mandates, for instance. Many people lost their jobs at the start of the pandemic, while others were suddenly working from home.
For a few months now, the businesses that survived through months-long closures were allowed to reopen, and more and more people are returning to their jobs. This comes after the development and administration of the vaccine. Although a significant number of people have already been fully vaccinated or on route to be fully vaccinated, there are countless others who have not.
Although getting the Covid-19 vaccine has been encouraged, it has remained a personal choice for most. That is, until employers started requiring their employees to be vaccinated. Although employers can require their employees to be vaccinated, they must adhere to a number of employment laws – even those that allow for exemption from these requirements.
Did you face any consequences for not taking the vaccine? If so, you might have a number of questions, some of which could include the following:
- I was fired from my work for not taking the Covid-19 vaccine. Can they do that to me?
- I was suspended for not taking the vaccine. What are my rights as an employee?
- I was demoted from my job for not taking the vaccine for Covid-19. What are my legal options?
If you lost your position for not taking the vaccine, you might have the right to take legal action against your employer. More specifically, you might have grounds to pursue an employment if you have a valid exemption for taking the vaccine (like a religious, medical, or cultural exemption), but you were still terminated or faced other consequences.
To explore the legal options available to you, do not hesitate to seek legal assistance with the experts at our law firm immediately. Our lawyers are ready to evaluate your claim and provide you with the guidance that you need to successfully handle your employment claim and fight for your right to a fair recovery. Our employment attorneys here at California Labor Law Employment Attorneys Group are ready to help you.
California Labor Law Employment Attorneys Group is a law firm dedicated to helping employees after dealing with injustices in the workplace. Our lawyers have decades of experience handling all sorts of injury claims and fighting for the rights of those who have been wronged by their employers. If you are ready to explore the legal options available to you, do not hesitate to contact our experts as soon as possible. Our lawyers are ready to help you.
Employers must Consider Employment Laws when Requiring Vaccinations
Vaccination requirements in the workplace are becoming more and more common. Although there is no federal anti-discrimination law that would prohibit employers from requiring their employees to be vaccinated to enter the workplace, employers have to continue to comply with a number of employment laws while making vaccinations a requirement.
Some of the federal laws that employers must continue to adhere to include the following:
- The Americans with Disabilities Act (ADA)
- Title VII of the Civil Rights Act of 1964
Of course, other federal employment laws as well as state employment laws also apply.
What does this mean? Because of these employment laws, employees who are covered under the ADA and Title VII can be exempt from vaccination mandates in the workplace. Although the employer could technically prevent the employee from being allowed into the workplace, the employer must provide reasonable accommodation. Some examples of some possible accommodations for exempt employees could include allowing them to work remotely, changing their work schedule around, allowing them to take leave, providing them with additional protective equipment, and requiring them to test weekly, for instance – all with the purpose of reducing the risk that the unvaccinated employee represents to the rest of the workplace.
Can Employers Terminate Employees Who Refuse Vaccination?
Some organizations, specifically hospital systems, have begun firing employees who refused to comply with vaccination mandates. A recent lawsuit ended up in favor of the hospital. More specifically, the judge that handled the case stated that the termination based on refusing inoculation that would make the hospital safer for employees and patients, alike, was fair.
As explained above, employees could be required to take the vaccine. Certain exemptions could apply, however, based on employment laws. However, if the unvaccinated employee represents a direct threat or a risk that cannot be significantly reduced or entirely eliminated by giving them a reasonable accommodation, the employee could be terminated. Similarly, if any employees not protected by employment laws (and not requiring reasonably accommodations) could terminate these employees (given that termination applies to all employees who refuse the vaccination, not just certain ones as that could prove to be discriminative). However, termination should not be the first option – employees should ensure that they act in accordance to all employment laws that apply to them.
I had an Exemption, But I was Still Terminated – What are My Rights as an Employee?
I had a religious exemption, but I was still fired. I had a medical exemption, but I was still terminated. I had a cultural exemption, but I was still terminated. Do any of these statements apply to you? Whether you were terminated, demoted, or faced any other consequence as a result of refusing to be vaccinated even though you were exempt, you might have grounds to take legal action against your employer. If you can prove that your termination, demotion, or other negative action against you was discriminatory, then you might have grounds to sue based on the employment laws that protect you.
Can I participate on a class action lawsuit against my employer? Yes, you could potentially participate in a class action lawsuit if your employer resulted to mass terminations due to failure to comply with inoculation mandates, given that these terminations were discriminatory.
If you are interested in learning more about your right to file a lawsuit, do not hesitate to seek legal assistance with the experts at our law firm as soon as possible. Our employment attorneys are ready to provide you with the guidance that you need to successfully pursue your employment claim and provide you with the guidance that you need to sue your employer.
Your Right to Compensation
If your employment lawsuit is successful, you could be eligible to receive a significant amount of compensation. You could potentially recover compensation for lost income and lost benefits, for example. You could also be reinstated into your position and even see policy changes in the workplace. There is no guarantee regarding the outcome of your employment lawsuit; therefore, it is important that you discuss your employment claim with an employment attorney as soon as possible. At our law firm, our experts are more than ready to provide you with the guidance that you need to win.
You Must File a Complaint with Your Employment Agency
All employment claims must go through the appropriate employment agency. On the federal level, this is the Equal Opportunity Employment Commission (EEOC). The EEOC handles all employment claims. Depending on the specific situation, the agency could handle the claim entirely or grant affected parties the right to sue – or the right to pursue civil action independently. If you are interested in learning more about the federal or state agency that you should pursue your workplace complaint with, do not hesitate to contact our experts today.
Contact California Labor Law Employment Attorneys Group Today
Our employment attorneys are more than ready to help you pursue your employment lawsuit and ensure that your rights as an employee are protected. If you would like to learn more about your right to sue, do not hesitate to contact us immediately. Our lawyers are ready to help you sue your employer and recover the compensation that you are owed.
At our employment law firm, we want to remain accessible to all affected employees; therefore, we offer free legal services. Our free legal services include free consultations and free second opinions. During these free legal services, our employment experts will be available to answer all your questions and address all your concerns. Our lawyers will provide you with all the information necessary to start or even continue your employment lawsuit. If you are ready to benefit from these legal services, do not hesitate to contact us today.
We offer a Zero-Fee guarantee, meaning that our clients will not be required to pay any upfront legal fees to speak with our employment attorneys or benefit from our legal services. In addition, we work on contingency; therefore, our clients will not be required to pay anything until after winning their lawsuits because we work on a strict contingency structure.
Contact us today to learn more about your right to sue your employer.