Can my employer mandate me to get a flu shot?

UPDATED: Sep 11, 2011

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Can my employer mandate me to get a flu shot?

New policy that all employees are required to be injected with the influenza vaccine. You can be exempt for medical conditions or because of your faith belief. Is this legal and do I have any recourse?

Asked on September 11, 2011 under Employment Labor Law, Indiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The fact is that your employer can do this. Making you get a flu shot is a completely reasonable condition of employment. And the fact is that allowances have been made for religious beliefs and existing medical conditions. Further, most employment relationships are what is known as "at will".  This means that as a general rule an employer can hire or fire someone for any reason or no reason whatsoever and impose requirements as it sees fit. In turn, an employee can work for an employer or not, their choice. 

The above holds true unless there is a stated company policy or a union/employment agreement to the contrary, or this situation has arisen due to some type of discrimination.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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