QUESTION

If you are fired for refusing a flu shot that your employer recently now requires, can you be denied unemployment?

Asked on Oct 18th, 2013 on Labor and Employment - Idaho
More details to this question:
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4 ANSWERS

Yes, you could and should be disqualified from receiving unemployed comp, since you willfully failed to obey a reasonable request. Employers may require this.
Answered on Oct 21st, 2013 at 1:53 PM

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Civil Rights Attorney serving Seattle, WA at Teller law
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It is unlikely, but may depend on knowing more facts. In a healthcare or caregiver role with immune compromised or frail patients, or daycare job with kids, for example, it may be known or obvious from the start that you would need to have a flu shot. Similarly if they told you at the beginning of the job, it's more likely that benefits could be denied. It's more likely that you can get benefits if you can explain a good reason why you don't want the shot. This is a situation where you should really consult with an expert, either by calling a lawyer or the Unemployment Law Project. It's often hard to answer questions like this without more information about the situation.
Answered on Oct 21st, 2013 at 1:46 PM

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Litigation Attorney serving Monona, WI at Fox & Fox, S.C.
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The State unemployment office will make that decision.
Answered on Oct 21st, 2013 at 1:15 PM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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Probably, unless you can prove you did it for religious or health reasons, i.e. you are allergic to flu shots.
Answered on Oct 21st, 2013 at 11:36 AM

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