Is it legal for an employer to demand all employees get a flu shot or be fired?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it legal for an employer to demand all employees get a flu shot or be fired?

Asked on December 6, 2012 under Employment Labor Law, Michigan

Answers:

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

Answered 8 years ago | Contributor

Yes, an employer can demand that an employee get a flu shot or be fired? This is considered to be a reasonable condition of employment. The fact is that most work arrangements are what is known as "at will". This means that generay speaking, an employer can hire or fire someone for any reason or no reason whatsoever,as well as impose requirements as it sees fit (in turn, an employee can work for an employer or not, their choice).

This holds true unless there is a stated company policy or an employmen/union agreement to the contrary, or this situation has arisen due to some type of actionable discrimination. Additionally, an employee may be entitled to an exemption from a mandatory vaccination based on pregnancy or an ADA disability that prevents them from taking the influenza vaccine.


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 AttorneyPages.com 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 with SHA-256 Encryption