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Covid vaccine and its effect on employment

Discussion in 'Employment, Labor, Work Issues' started by Jon1980B, Mar 20, 2021.

  1. Jon1980B

    Jon1980B Law Topic Starter New Member

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    I received a 4th email from my employer that offers covid vaccine through a vaccine clinic for employees of my category. I'm aware of Title 7 of Civil Rights Acts. It seems like there has to be a convincing proof for health or religious reason that my employer will accept for me to claim Title 7, but if I were the employer, it's not impossible to dismiss an employee by finding another reason after allowing Title 7 exemption. All employment is at will where I live, and can be terminated with or without reason by either the employer or employee at any time.

    I prefer to wait until the end of the year, and see how things go. I strongly believe there will be new covid vaccines. All the more so due to covid variants they are taking about. I would rather get the vaccine that will come later than the vaccine that came out in a super rush under FDA EUA during late 2020 to early 2021. However, I'm very stressed about how delaying covid vacine could affect my employment. I imagine, I could jeopardize my employment. I've been with my current employer for over 10 years, and I'm in government sector so maybe there's more cushion for employees who aren't getting vaccinated than in private sector? My employer let me work from home due to the pandemic, and that seems to have gone ok as I was able to do all my work remotely.

    If any problem comes up due to my delaying vaccination, how do I handle it, and what choices do I have? My employer keeps claiming covid vaccine is not mandatory, but I can see the hand writing on the wall. It is indirectly mandatory.
    Last edited: Mar 20, 2021
  2. army judge

    army judge Super Moderator

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    No one can tell you what YOUR employer will do, if you fail to receive the vaccine.

    You, however, to your credit have already discerned the possible outcomes.

    Furthermore, forget the current dusease dujour, you could get CANNED for dozens of other reasons.

    You can seek a medical exemption, assuming your physician concurs.

    You can seek a religious exemption, but as you've indicated, any employer can TERMINATE any employee for a myriad of other LEGITIMATE reasons.

    You can continue to stall and tapdance your way around vaccination, throw your hands up and get the jab, but that won't guarantee you'll continue to be gainfully employed by your current liege.

    You have much to consider mate, choose wisely.
  3. Tax Counsel

    Tax Counsel Well-Known Member

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    Why wait? The medical evidence clearly shows that all three of the current vaccines available in the U.S. are extremely effective and that they are very safe. While the incidence of non serious reactions like pain in the arm, fatigue, headache, etc, is higher than with the annual flu shots, there has been little evidence of truly serious reactions to them. Trust the science and not the skeptics who make various claims about safety problems with the vaccines, claim they have microchip implants, or other weird things I've heard that lack any good scientific study to back them up.

    If a vaccine for other variants becomes available and that variant shows up in your area you'll have access to that new vaccine. It's not like getting the vaccine now would prevent you from getting future ones. After all, new flu shots are prepared and given out every year, and getting one in a past year doesn't prevent you from getting the one available for the current year.

    If you worked for a private employer the answer is easy: you could be legally fired for not getting the vaccine when it is available to you unless you were the member of a union that had a contract with the employer that protects you. That's true in any state. But you work for the government and may have some additional protection. Your civil service rules may limit the reasons for which the agency may fire you. Also, many government employees are members of a union, and if you are a union member then, just as in private employment, the union agreement with the agency might have some protection for you. But I can tell you that in most government employment the employer would still be able to fire you for not getting the vaccine when its available to you. It's a matter of health and safety in the workplace and in the public generally, after all.

    That depends on the employer's reaction and what protection, if any, you have under the civil service rules that apply to you and what any union contract may provide. As you've not told us the state and the agency involved, there is no way anyone here can tell you what civil service rules would apply. My suggestion to you is to consult with an employment law attorney for advice on this. But I think you should be prepared for the possibility that you refusal to get vaccinated now may well lead to termination from that job.

    Or just get the vaccine now.
    justblue likes this.

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