Q: Can I get fired for not getting the Covid vaccine?
A:
Under Florida law, private employers generally may require employees to be vaccinated as long as accommodations are made for disability or religious objections, as recently described by EEOC. Under federal law, there have been recent challenges under 21 U.S.C. § 360bbb-3, which addresses the “emergency use of an unapproved product,” but thus far these cases have been unsuccessful. With respect to governmental employers, Florida law prohibits them from requiring “persons” to provide proof of a vaccine “to gain access to” or “entry upon ... the governmental entity’s operations,” which does not expressly prohibit, but could be construed as prohibiting, government employers from requiring employees to provide proof of vaccination. There are no reported decisions on this issue yet.
On the other hand, communicating with coworkers regarding concerns about a private employer's vaccination policy would likely be deemed protected concerted activity under the NLRA, and being fired for such communications could be unlawful.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
