My employer said they would not require employees to be vaccinated. I declined another job offer based on this warranty. Since the FDA completely approved a vaccine, they have now changed their minds. I refused to be vaccinated and was fired for cause, for refusing to comply with company policy. They didn’t give me any dismissal and try to deny me unemployment. Can they do that?
Employers may change the terms and conditions of employment at their discretion, unless the contract prohibits it. So yes, they can fire you for not accepting the vaccination unless your objection is based on medical or religious reasons. What I don’t think has the potential to be confirmed by the courts is their claim that your refusal to vaccinate you amounts to “causing,” which is usually for reasons such as serious misconduct, theft, or insubordination. Apply for unemployment and ask a lawyer to fight for what you would have been entitled to if they had been fired for reasons other than the case. And the courts will be faced with challenges given the president’s mandate for companies with 100 or more employees to require vaccination.
I was negotiating a raise with my boss and I said, “If you can’t get my compensation at a more competitive pace, I’ll have to leave.” He said, “I accept your resignation.” I didn’t give up, I was negotiating. Now it forces me to leave. Is this allowed?
I know it may sound weird, but for some reason, most employers don’t usually respond well to threats. Imagine. You may have been negotiating, but you made an ultimatum: if your employer doesn’t give you what you want, you’ll leave. Leaving is the same as leaving; I will no longer work here, giving up. So, yes, your employer has the right to deny your application for unfair dismissal and to accept any consequences if you do not agree. I’ll admit, though, that an employer jumping into that usually means they’re not only not interested in raising them, but they’re not really that interested in retaining you. Maybe it’s the best thing you know, even if you’ve learned it the hard way.
Gregory Giangrande has more than 25 years of experience as a chief human resources executive and is dedicated to helping New Yorkers get back to work. Email your questions to [email protected]. Follow Greg on Twitter: @greggiangrande and GoToGreg.com.