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Brandon, Esq.
Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1836
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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can a hospital fire you for not taking a flu shot, even if

Resolved Question:

can a hospital fire you for not taking a flu shot, even if you have ethical, religious and practical reasons for not doing so.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Brandon, Esq. :

Hello, my name is XXXXX XXXXX it will be my pleasure to assist you today. My goal is to provide you with excellent service. Are you online with me today?

Brandon, Esq. :

Welcome to the chat

Brandon, Esq. :

First, let me say that I am terribly sorry to hear that you are in this situation. It is a shame when an employer makes a decision without legitimacy, especially when that decision is quite frankly wrong.

Brandon, Esq. :

Title VII very specifically prohibits discrimination based on religion

Brandon, Esq. :

So, for a hospital to be legally allowed to do this, they would have to show that there was a legitimate business interest in doing this.

Brandon, Esq. :

As the concern would not be that you wouldn't get sick, but rather that if you did get sick you would be more apt to pass it on to others, it would be very difficult for them to prove this.

Brandon, Esq. :

Thus, if you have a legitimate religious reason not to get the flu shot, you should consider filing a complaint with the EEOC here:

Brandon, Esq. :

wherein you would claim wrongful termination based on religion.

Brandon, Esq. :

Or, you could hire an employment attorney to best assist you. If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.

Customer:

So this would fall under discrimination laws.

Brandon, Esq. :

As long as you could show that the reason you would not get the flu shot was for religious reasons and you informed them of this yes

Customer:

So this would fall under discrimination laws or civil rights law?

Brandon, Esq. :

It would be discrimination based on a protected category

Brandon, Esq. :

In martindale you would type in Employment law South Dakota

Brandon, Esq. :

then on the left hand side you would click on the town or county in which you live

Brandon, Esq. :

that will help narrow down the attorneys who are able to help you.

Brandon, Esq. :

Basically in short, they are legally allowed to fire you for failing to take your flu shot if you are an at will employee. They are not legally allowed to discriminate against you because of your religion. If you cannot get the flu shot because of your religion, forcing you to without being fired would be seen as discriminatory

Brandon, Esq. :

does that make sense?

Brandon, Esq. :

The exact legal term would be wrongful termination based on religion

Customer:

Why would they say they are not takiing religious exemptions when they did last year?

Brandon, Esq. :

Either because they got some terrible legal advice, or because they think they have enough of a legal argument to say that there is a compelling business reason to require people to get a flu shot

Customer:

If I understood you right I need to file a complaint with eeoc and then contact martindale.com for finding a lawyer that is good in this area of law,and is close by.

Brandon, Esq. :

You can do one or the other. If you choose not to go the lawyer route then you can just file with the EEOC. However, I always suggest getting an attorney as that is the best way to protect your rights. As for Martindale, you will want to find an employment lawyer. The fact that they are on Martindale almost guarantees that they will be good.

Brandon, Esq. :

But the lawyer will help you draft a complaint to the EEOC and then request a right to sue letter.

Customer:

Thank you very much for your help, I am very grateful for finding a starting point. Thanks

Brandon, Esq. :

Not a problem. I am glad that I could get you pointed in the right direction. Have I fully answered your question today?

Customer:

Yes

Brandon, Esq. :

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further. If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Brandon, Esq. :

Have a wonderful rest of your day.

Customer:

Thanks

Brandon, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 1836
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 8 other Employment Law Specialists are ready to help you

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