As companies across the country including Facebook, Walmart, Google, Uber and Disney begin to mandate Covid-19 vaccinations as a condition of employment, workers who are fired for refusing to do so might not receive unemployment benefits, according to WUSA.
Individuals across the United States are working to navigate this newest phase of the COVID-19 pandemic, in which vaccines are readily available but the rapidly spreading Delta variant is ravaging communities.
Vaccination rates are slowly increasing, but a Kaiser Family Foundation survey found there are still millions of Americans who would only get vaccinated against COVID-19 if it was required. Some companies, like Disney, Google and Walmart, have decided to lend a hand in pushing up vaccination rates by requiring certain employees to show proof of vaccination.
Some who refuse may be looking forward to the support of unemployment benefits while they look for a new job that doesn’t require vaccines. But, for many of them, that might not be an option.
The Question
If your employer requires proof of a COVID vaccine, and you refuse and are fired, can you be denied unemployment benefits?
The Sources
- Diane Seltzer, Principal, The Seltzer Law Firm
- John T. Harrington, Principal, The Employment Law Group
The Answer
Yes. In most areas of the United States, if you are fired for breaking a company policy, you are not eligible for unemployment benefits and payments.
What We Found
Unemployment payments are afforded to Americans who lose their jobs through no fault of their own. When a business closes or issues mass layoffs, the people who are let go are often eligible for weekly benefits.
However, someone fired for breaking a company policy, big or small, can be denied benefits, employment attorney John T. Harrington explains.
“Even something as simple as a dress code that says you have to wear a tie, and that’s the company’s policy, and you say, ‘I don’t believe in wearing a tie, so I’m not going to do it.’ That’s insubordination,” Harrington said. “It’s misconduct, and it would likely disqualify you from receiving unemployment benefits.”
If a company’s vaccination policy, and the repercussions for breaking that policy, are made clear to employees, the reason for disqualification is the same as if they had broken any other company rule. This is also dependent on whether the person filing for unemployment is honest about their termination and whether the company cares enough to verify it.
“In every claim for unemployment benefits, the employer has an opportunity to present the reasons for the separation. And an employer can choose not to respond,” attorney Diane Seltzer said. “So if an employee is not truthful or not completely transparent when they apply for benefits, and the employer chooses not to contest it, the employee might get the benefits based on what they’re representing.”
Harrington said there are really only two ways to avoid a vaccination requirement: a medical or religious exemption. In both cases, he said exemptions are determined with employers on a case-by-case basis. One employee with a religious exemption in a company does not mean the rules change for anyone else.
“We have received numerous inquiries from clients and potential clients about how courts are likely to view these situations,” Harrington says, “we’ve been advising them that if you have one of these two valid reasons to believe that you should be exempt from a vaccination requirement, you should assert them. But otherwise, companies are entitled to require that employees be vaccinated.”
[…] Fired Over Lack Of Vaccine? You May Lose Unemployment Benefits […]
ALL of this is ILLEGAL!!! ZERO leg(s) to stand on!! LAWYER UP!
Since health is a private matter, I don’t see how they can legally coerce employees to take a dangerous jab which has killed millions of people. Take a PCR test and even one’s temperature is coercion and shoul dnot be allowed. There has to be some limit to “company policy”. Can company policy endager the health of the workers? And if it demands that, then there ought to be eventual compensation. What does the company gain by forcing workers to take the jab? In reality, nothing except dictatorial control over the lives of their workers. How about not refusing to… Read more »
The takeaway is to apply for a religious or medical exemption if it is denied and you are fired you should be able to claim benefits if fired. Most people don’t know the definition of religion in their state and believe they must be part of an organized religion and that is not true.
So, if your employer decides he wants you to jump off a bridge but you don’t because you fear you will die it’s ok for the employer to further sanction the employee for insubordination?
Interesting how when basic logic is applied to Biden’s twisted mandates they fall apart.
Can’t the argument be made that it’s EXPERIMENTAL Gene Therapy treatment and NOT a a traditional vaccine?
Or that it only has Emergency Use Authorization? So a compny is allowed to break the Nürnberg Code?
So, if the employer has a policy for the employees to commit a cime, let’s say, and the employees refuse, they can’t get unemployment benefits? You would hope not; in which case, the reasons for insubordination need to be looked at, instead of just some dumb-ape, blanket application of it. In that regard, the question turns on whether the employer can manadate these or any shots. That these lawyers haven’t brought up this point is either sloppy work or an ominous sign. But apart from that, this business that’s going around at the moment where governments/crime synidicates can’t necessarily mandate… Read more »
The lawyers responsible for this Illuminati hit piece are cult members. Their blatant lies are not the result of “sloppy work” or just a “mistake”. They are evil demonic worshippers.
I think this notion that you are being fired for “cause” is invalid. Employment is a contract. When you entered that contract upon hiring that was not a condition to employment. Companies do have the right to change company policy but when they do, they are breaching the original contract. That is why often they will employ “grandfathering” clauses for certain changes to policy.
There is probably a legal doctrine that covers this.
How can any court that upholds the Constitutional rights of humans, at the same time accept a “mandate” by a company that violates that constitution. They throw the law at the fired employees asserting this mandate is a legitimate cause when it, again, VIOLATES THE CONSTITUTION and the Charter of Rights and Freedoms (that’s legitimate? that’s legal? that’s common sense? Further that “cause” disallows the government program of unemployment benefits??? Where is the law now??? And I ask where is the law against these companies, as well as against the government of your country? God’s law is “everyone is created… Read more »
https://usawatchdog.com/biden-desperate-as-vax-narrative-falls-apart-clif-high/
If you face an employer who is demanding or threatening forces covid shots PLEASE listen to Clif High’s interview on this link. He addresses your issue at the beginning of the interview.
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The fake “pandemic” is the largest fraud ever perpetrated, and this article supports it.