Austin, TX asked in Employment Discrimination, Employment Law and Personal Injury for Texas

Q: My employer forced me to get the COVID-19 vaccination as a condition for hire after executive order GA-40 was in effect.

My employer forced me to get the COVID-19 vaccination as a condition for hire. I had inquired if there was any other way to get hired without having the COVID-19 vaccination and I was informed that there was not. I had found out later that there were exemption forms for existing employees after being hired on. I live in the state of Texas and I have recently discovered executive order GA-40, which was issued in effect as of October 11th, 2021.

I had received the vaccine and provided proof of the shot, on their request, after October 11th, 2021.

I wanted to know what the likelihood of winning a case like this would be or how admissible something like this would be?

I guess the gist of what I'm looking for is if this is worth pursuing or getting more professional advice on the matter.

There are more details, but I left them out in order to make a short summary of the situation.

Thank you for your time.

1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Employment Law Lawyer
  • Frisco, TX
  • Licensed in Texas

A: Under Texas Executive Order GA-40, the only penalty for an employer requiring an employee to receive a COVID-19 vaccine is a fine of $1,000 under Texas Govt' Code Section 418.173. It does not create a private cause of action that you can sue under. Moreover, you have not suffered any compensable damages.

If you want to turn in your employer for violating the order, you can do so but you won't profit one nickel from it.

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