QUESTION
Can I be removed from the work schedule due to refusing the mandated flu vaccine if I have an allergy as stated in the vaccine insert?
Asked on Nov 24th, 2012 on Employment Contracts - Pennsylvania
More details to this question:
I am an RN in a leadership role. Our company established a policy this year that all employyes get the flu shot unless you sign a decline form with a reason. I did this but my employer says for me it does not matter since I am in leadership I have to support the company no matter my allergy. I have been removed fro the schedule until I comply. I earned 135 and 100K for last two years as a perdiem RN in leadership. My employer says since I am per diem I can be removed from the schedule period. I have written policy and emails to prove this was said to me and that I am off the schedule
1 ANSWER
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1 Award
As a general matter, employment in the United States is on an at-will basis. This means that either party may terminate the relationship at any time for any reason or no reason at all. While this principle is limited by certain statutes that proscribe discrimination on the basis of race, religion, disability, etc., they generally do not provide protection for employees who have non-disabling conditions such as ordinary allergies. Your stated facts do not suggest that your employer has violated the law in any respect, and the same result would obtain even if you were a full-time, "permanent" employee rather than employed on a per diem basis.
Answered on Nov 24th, 2012 at 2:13 PM