Hennessey, OK asked in Employment Law for Oklahoma

Q: Can a healthcare worker that worked the entire pandemic thus far, be terminated for refusing the vaccine in Oklahoma

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2 Lawyer Answers
Charles Watts
Charles Watts
Answered
  • OKLAHOMA CITY, OK
  • Licensed in Oklahoma

A: This is an evolving issue. Contact an employment attorney for more details, however, Oklahoma is an at will state and therefore they business can terminate for almost any reason so that it isnt a constitutional issue (race, religion, age, sex, etc...).

Howard Berkson
Howard Berkson
Answered
  • Tulsa, OK
  • Licensed in Oklahoma

A: Right now, the answer seems to be yes that an employer can require employees to get vaccinated. Hospital employees have been required to get flu vaccinations and people typically have to receive vaccinations in order to attend schools, including universities. The situation is more complicated when it is a government requirement, but private employers historically have been able to do this. However, employers generally have to at least review and consider requests for exemption based on religion or health. Here in Oklahoma, St. John Ascension was ordered by a judge not to suspend or fire any employees who failed to get a vaccine under the company's mandate, but only because the company did not grant any religious exemptions. I haven't looked into the details, so I don't know if that's because the employer did not have an adequate process for granting religious exemptions or if it had adequate process but was suspicious because it did not grant any exemptions.

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