Can I Sue My Employer For Mandatory COVID Vaccine?

Updated: Aug 13

Important FAQs About Workplace Mandatory Vaccinations In California



COVID-19 isn't over. That said, typical issues surrounding COVID restrictions, policies, and legalities are still popular issues. These issues include discussions of how employment and employee rights are affected.


One of the many issues is vaccinations. Can they be made mandatory? Can your boss fire you for not getting vaccinated? Can you refuse to work with unvaccinated co-workers?


Let's talk about COVID vaccinations, mandatory vaccination policies, and employee rights, as they are often handled by a prescreened California Employment Attorney:


California has one of the most comprehensive employment laws. However, COVID-19 is a more complicated situation, as it is a global pandemic. This means that the safety of the community is considered the first priority.


Here are a few relevant FAQs that might affect employees:


1. Can My Employer Impose A Mandatory Vaccine Policy?


Yes. Private companies have the right to impose these policies as an employment requirement.


While it's illegal for your boss to stick a needle in your arm, there are no laws that prohibit them from firing you should you refuse to follow mandatory vaccination policies.


2. Can I Be Fired For Refusing To Follow Mandatory Vaccination Policies?


Yes. The Equal Employment Opportunity Commission (EEOC) has made it clear that employers are allowed to require COVID-19 vaccination for workers returning to the workplace.


employment lawyer los angeles

3. Are The Exemptions From Mandatory COVID-19 Vaccination Policies?


Yes. You have the right to refuse mandatory COVID-19 vaccination for a.) religious reasons or b.) medical reasons.


The Equal Employment Opportunity Commission (EEOC) confirmed that requiring COVID-19 vaccination would not violate the Americans with Disabilities Act on its own (ADA).


Employers are prohibited from conducting medical examinations under this regulation, but requesting vaccination cards and certificates aren't considered violations.


4. Can I Sue My Employer For Mandatory COVID 19 Vaccination Policies?


You can. No policy or law stops you from doing so. However, you need to remember that the federal government supports mandatory COVID 19 vaccination policies. Unless you qualify for the exemptions, your employer is within their right to fire employees who refuse to comply.


However, if you qualify for medical or religious exemptions, you might have a potential case. When this is the case, make sure to consult with a California Employment Attorney to guide you with a possible employment case.

5. Can My Employer Require Me To Show My Vaccination Card?


Yes. Usually, employers cannot force you to give up medical records unless it is imperative to the nature of your work (i.e., pilots).


However, vaccination cards and certificates aren't covered in this. So, your employer can request that you show them your certificate or require that you show or submit it. This also applies to workplaces that require you to show your vaccination card to get into the office or worksite.


6. Can I Refuse To Work With Unvaccinated Co-Workers?


No. Much like your employer has the right to impose a mandatory vaccination policy, it is also within their rights not to.


While you can't refuse to work with unvaccinated employees, you could privately work out accommodations with your boss. For example, you can request to work remotely during times COVID cases are rising. However, this is an arrangement you'll have to make with your employer, and there is no guarantee that you'll be allowed or granted these considerations.


california employment attorney

7. Can I Take A COVID Leave In California?


If there are any COVID-related problems at work (i.e., you contracted COVID, there's an outbreak at the office, etc.), it might be a viable reason to take a paid leave.


Other leave options may be available if an employee does not qualify for paid sick leave or has exhausted sick leave. For example, if a vacation or paid time off policy exists, an employee may opt to take either one and be paid if conditions allow for such leave.


Find An Employment Lawyer in Los Angeles

1000Attorneys.com is a California Bar Association Certified Lawyer Referral Service that can refer you to an attorney best fit for your case. You can complete our submission form or reach us through our 24/7 live chat for a free initial consultation.

552 views
los angeles attorney referral service

California State Bar Certified Lawyer Referral And Information Service

1000Attorneys.com is a California State Bar Certified and approved Lawyer Referral and Information Service.

We provide unbiased and impartial lawyer referrals. This service isn't owned nor operated by lawyers receiving. referrals.

 

Our objective is that you receive the best comprehensive, high-quality legal representation while holding California attorneys to the highest standards of professional conduct.

Why Lawyer Referrals Matter

 

The California State Bar investigates on average 16,000 complaints of professional misconduct by attorneys annually.

We offer unbiased California attorney referrals and conduct due diligence by researching and recommending the best local attorney for your case. 

 

We verify attorneys are in good standing and have the required experience in the type of law related to your legal issue. 

Learn more about attorney discipline here:

 

Our History 

 

Since 2005, we have assisted people who need legal representation but whose ability to locate reputable California Lawyers is frustrated by unreliable law firm marketing of self-promoting lawyers and biased legal advertising.

How the LRS Works 


Anyone seeking competent and honest legal representation in California, can request a FREE lawyer referral. 

Once you submit your case details online, our legal 24-hour legal department will review your claim and reply via email. Most cases are reviewed and answered within 15 minutes.