I work in a law firm w/ a total of 4 employees. I have worked there for 3 years, missed a total of 4 work days, 3 of them for my children. My boss informs us today that we have to get the flu shot and the H1N1 shot or be fired.

I have no problem with the flu shot, but at this time do not feel comfortable taking the H1N1 shot. Can he legally fire me for not taking it? I've called the Department of Labor and the EEOC and they do not have any information for me. They've told me it's not a state mandate, but didn't know if I would have any recourse. I have contacted an wrongful termination attorney and I am waiting to hear back.

Any thoughts? Anyone else had this come up? I know in NY that there have been mandates coming down for hospital employees to get the shot, but we aren't a medical profession.

TIA!

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" Even though life can be a very long, hard, stressful and never-ending journey, never lose hope in what you want the most."

I think it depends on the state you live in , if they have a law really against firing for any reason. I am sure if your boss wanted, he could find something else to fire you for in place of a refusal to get the shot..have you had a lot of sicknesses lately ?

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I thought I heard (I could be wrong) that it is one shot - you won't have to get both...

I heard this on the radio while driving. Anyone else hear this?

*p.s. I am in NY

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I think ( not a concrete answer) that in the adult working world, the only people who don't have a choice are those in the military. The military actually makes appointments for you. ( ant that, my dear, is an entirely different thread possibility ! )

I'd be surprised that a private firm could require this. I base this on my profession in which I have to offer the Hep B vaccine, but I cannot make any employee take it. They sign to accept, or to decline.

dl

I beleive that is the N1H1 shot. At first they said it would be two shots a week or two apart. Now it is just one. The regular flu shot is a different shot.

cubmom2- I've only used 4 sick days out of the whole time I've worked there. I get 2 weeks paid sick leave. I've gotten 3 promotions/pay raises since Feb 07, never been written up or made major case changing mistakes.

My co-worker was out sick yesterday, she is notorious for her sick leave and I have a feeling my boss's wife came up with this idea.

I don't know if I should say something more now or wait until October (when he said we would have to get the shots).

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" Even though life can be a very long, hard, stressful and never-ending journey, never lose hope in what you want the most."

That doesn't seem right. It's a personal choice each person should make.

My husband's employer is offering the shots for free for employees and their families, but it isn't a requirement.

That just really sounds a bit extreme. I don't think I'd want to work for someone like that. To me, that's a health issue. And as many on here say, 'it's my body and no one is going to tell me what to do with it."

First of all, Wrongful Termination has a very specific definition in employment law and this would not meet the criteria.

It may be an unfair termination, but based on my quick research, it is legal for an employer to fire you if you refuse to get the shot (barring a true medical reason like an allergy). NC is an at will state, which means you may quit at any time with no notice and an employer may fire you at any time for any reason that does not violate federal discrimination laws. Personally, I think would be a stupid move to lose a good employee over this issue and you would probably qualify for unemployment, so do not Quit over this.....make them fire you.

It may all be a lame arguement, as NBC was reporting tonite that the vaccine will only be available in small quantities to start and it will be up to the individual states to distribute it to the highest risk groups, so if you are not pg, elderly, a toddler or a health care worker, you take a back seat. Maybe by the time there is more vaccine available your boss will have completely forgotten.

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My DD's Pediatrician confirmed this. Only those in the high risk will be qualified to take the shot. I believe that a Dr has to approve the patient for it. A healthy individual without health issues wont qualify.

I used to work for a drs office and it wasnt mandatory to take the flu shot but they encouraged it and at one point paid for it. Although we were required to take the Hepatitis B shots, which I had no problem with since the office paid for that and it was a protection for me.
I wouldnt worry about the H1N1 shot but if you feel your job is being threatened do some research to see what you can do to fight back.

Good luck!

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If this is a case of the whole office being punished to address the attendance issues of a single employee I think I would ask for a meeting with your boss.
It would seem that there would be an attendance policy in place that should be used to address poor attendance.For example; a certain number of call offs in a period of time or a pattern of call offs. Where I work if an employee has more than 3 call offs in a 60 day period it's a disciplinary issue. Also if call offs are in a certain pattern, like always on Friday or Monday, again disciplinary. If a call off is for more than 2 days we require documentation of a doctors visit and a doctors release to duty.
I think I would ask for a meeting and point out your attendance history and suggest that whatever policy is in place be enforced if others have trouble getting to work. If there isn't a policy it may be a good time for these attorneys to draft one.

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Life isn't about waiting for the storm to pass
It's about learning to dance in the rain.

On the other hand, when you're looking for another job it always looks better if you chose to leave vs. being fired. So think twice, whatever you decide.

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If this is going to be a Christian nation that doesn't help the poor, either we have to pretend that Jesus was just as selfish as we are, or we've got to acknowledge that He commanded us to love the poor and serve the needy without condition, and then admit that we just don't want to do it.

- Stephen Colbert.

UPDATE:
I came to work today and got this message;
"Based on the concerns some of you have expressed about the safety of the flu shots, I do not now consider the flu shot as mandatory for office personnel."

So that mandate lasted a whole 16 hours or so. I am glad, because I didn't not want to be put in that situation come October.

Thank you for all your replies and suggestions!

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" Even though life can be a very long, hard, stressful and never-ending journey, never lose hope in what you want the most."

Glad to hear that. BTW I sent to a message, I think it went to visitor messages. Have a great day!!

Looks like you got a good outcome.....but when I read the original post, it struck me that a legal office ought to be on top of what they could and could not do, um, legally.

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