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Have you been terminated because you refused to get a mandatory flu vaccine?

It has recently become a common practice for medical providers to implement a mandatory flu vaccine policy for its employees. Employees who refuse to obtain the mandatory flu vaccine have suffered adverse employment actions such as being forced to wear masks and brightly colored red name tags, and in some instances, termination.

These policies force employees to obtain a flu vaccine against their will and are unconstitutional. Moreover, while most employers allow for an exemption from their mandatory flu vaccine policy, the exemption is only offered for a medical or religious reason and these employees are forced to wear face masks and bright red name tags. The “accommodation” offered by employers, the wearing of face masks, is also ineffective in preventing the spread of the flu virus. The face mask boxes my firm has been in contact with have the following warning on the box, “this mask does not eliminate the risk of contracting disease or infection.” Most employers do not allow for an exemption based upon an employee’s personal belief that an employer has no right to dictate that its employees undergo forced medical treatment and submit to a vaccine protocol the employee does not agree with.

The fact remains that the flu vaccine is an ineffective means of preventing the transmission of the flu virus. According to the CDC, the flu vaccine was only 23% effective in 2014-2015. According to the CDC, the flu vaccine has many potential side effects, including allergic reaction, headaches, and fatigue. My office is fighting to put an end to this unconstitutional practice. Mandatory flu vaccines and face masks are simply not an effective means of preventing the spread of the flu virus. There exists other, more reasonable methods of preventing employees from reporting to work when sick such as requiring that any employee with fever or displaying upper respiratory symptoms not be allowed to work that day.

A mandatory flu vaccine policy is unconstitutional and violates your rights. Contact me if you or someone you know has suffered an adverse employment action due to failure to comply with an employer’s mandatory flu vaccine policy.

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