Q: Does my employer have the right to harass me (just me specifically) for proof of vaccination as I work in a
I recently was brought into a conference room by my supervisor to discuss my vacation hours when I was surprised to see the HR manager in there waiting. They had a list of 5 items they had issues with which I confidently argued my way out of as the company is rife with poor communication and procedures . Before I stepped out HR said there was "one more issue". She stated "There's been rumors that some people in the shop are unvaccinated" So I said "There's rumors that there are people walking around unvaccinated or that there was rumors that I "specifically" am walking around unvaccinated?" She didn't really answer as it was focused on me. I feel this is in retaliation for my recent vacation. The ridiculous thing is that as of a few weeks ago - everyone is back to wearing masks (regardless) so I find it frustrating and invalid at this point. Please let me know if you have time. Thank you so much -Jim
A:
I am sorry but what you describe is not unlawful in any respect. An employer is allowed to talk to employees and question them about their vaccination status, and frankly the employer is allowed to discipline and even terminate an employee who refuses to vaccinate.
You say you think the conversation was in retaliation for taking a vacation. That kind of retaliation is not unlawful. The only retaliation in the workplace that is unlawful is retaliation motivated by you engaging in some kind of legally protected conduct. Taking a vacation does not place you into a protected category.
Good luck to you.
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