Can my employer insist that I have a flu shot or be terminated?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can my employer insist that I have a flu shot or be terminated?

I work in the construction industry doing outside dirt work next to a hospital. I do not enter the hospital nor do come in contact with patients, yet I am being forced to take a flu shot or lose my job. Can they legally force this on me?

Asked on November 13, 2015 under Employment Labor Law, Colorado


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

Answered 7 years ago | Contributor

Unless you have a specific reason for not being subjected to the flu shot, such as a deeply-held religious belief or medical condition, then your employer can make a flu shot mandatory you. The fact is that most employment relationships arem"at will" which means that you can work for your employer or not, your choice.  It also means that basically your employer can generally impose requirements as it sees fit and terminate your employment if you do not comply.
Note: You may have protection if it is afforded to you via the terms of an employment contract or union agreement. Also, your treatment must not constitute some form of legally actionable discrimination or retaliation.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption