My company is transitioning from wfh back to the office, but everyone returning to the office is supposed to be vaccinated. I told my boss I would NOT be getting the vaccine and he said I wouldn’t have a desk in the office until I did. So I told him I would continue to wfh. He said that “wouldn’t work.” After our phone call, I got an invite for a zoom conference with my boss and an HR rep!? They’re infringing on my rights by requiring a vaccine. What can I do to make sure I keep my job?

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They’re not infringing on your rights. It’s a term of employment, which companies can update as they see fit. And you’re at will. You’re welcome to find a new job, at a place who doesn’t have vaccines as a workplace term of employment, if you want.

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If they're vaccinated, it shouldn't matter if I'm not! And if they're not, that's their choice!

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It is not an infringement of your rights. As a private company they can require that you be vaccinated to remain employed. Likewise, they can require that you work in the office, etc.

Too many people don't understand that Constitutional Rights are specific to what the government can and cannot ask you to do. For example, if the government throws you in jail for something you said... that is an infringement of your Rights. But, your company is not similarly restricted and is free to fire you for something you said.

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Employees have a right to safe work environment, and management has certain rights to know their employees aren't engaging in risky behaviour that may threaten their employees from being able to perform their job duties, miss deadlines, etc.

If they have set a company policy that is in-line with local laws, then you have few options. You are deciding to risk your career over remaining willfully unvaccinated. The only possible way I could see around this is if you had a legitimate medical exemption against vaccination, which might fall under "reasonable accommodations." Something tells me you don't have one.

If your employer is resides in an "at-will" jurisdiction, they can pretty much terminate you for any reason.

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Honestly start interviewing and leave for a pay bump. The job market is insane rn

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I might have to! Until the next company goes for the govt propaganda too!

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You are free to take a hard pass on the vaccine just as the private entity you work for is free to fire you over it. In the end, they aren't going to force anything on you It's your choice on whether the vaccine is worth your employment

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After some of your responses I’m beginning to think your company would better off…

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It sure is ridiculous how adamant some people are to have other people get a shot that has been scientifically proven NOT to stop the spread, or even prevent you from catching, the disease it was made for.

The most positive reports on the shot say it reduces your own personal symptoms, which is great, but has nothing to do with your ability to work next to people.

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I don’t care if OP gets the shot. I care that OP expects his employer to let him not comply with company policy.

All that said - the vaccine was never meant to keep you from getting COVID - that’s not how vaccines work. It was meant to keep you from dying when you do - and it’s working pretty darn well.

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May I ask why you don't want to just get the vaccine?

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Well I had a similar situation, my employer was saying everyone had to be vaccinated even if you wfh or lose their jobs. Even though I didn't want to get vaccinated I had to or lose my job. Employers can require their employees to be vaccinated is it right NO. But it is what it is

Regardless of your reasons to like or dislike the terms your employer is setting for employment, that's what at-will employment means. You don't have to agree with what your employer sets as what they'd want for employment, it's at their will that you are employed with them... or not. And that's that. They don't really have to have a reason you agree with to set their rules.

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If I can't get a medical exemption (see comment below!), what companies would you suggest looking at!?

1. Check if this a rule being applied to all employees equally. If not then you have ground for discrimination lawsuit.

2. I’d still consult an attorney to see if there is grounds for discrimination based on medical status.

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They aren’t infringing on your rights, you made the choice

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While others have given absolutely terrible advice, let me ask you a question: has your state taken a legal position of not allowing companies to force the shot on its employees? If so, much of the battle is already won. Does your state have legal precedent for religious or any other exemption? If so go that route as well.

IF and ONLY IF none of the above is the case, I would do both of the following at the same time: start looking for a new job, and begin negotiating with your current job about either WFH permanently or them allowing you to come back without the shot.

If you by principle don't want it, then stand on your principles. There are plenty of companies around the country that will not or cannot force you, especially if you are in a state that will not allow it.

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It’s an employees market out there. Plenty of companies ready to pay you 20%+ more to join them, go look them up

You do not have a right to a job and any private company can fire you for whatever they want as long as its not protected by law (fired for race, sex, age, etc). Since most people in my world of tech are educated most are also vaccinated and were happy to do it. The only people I know that are not vaccinated are the country folk in my wife's family and 2 of them have died and 3 ended up on deaths door in the ICU. It has been a year and all 3 of them will suffer the rest of their life. Those deaths and suffering could have been easily avoided. Get the vaccine or quit your job. There's your choice.

That's such an infringement. First of all, I'd never accept an employer getting involved in medical decisions (and they can't). I'd see if we can come to an agreement on an exit bonus if they insist. But push comes to shove, they stand no chance in court. I'd look for an employer who understand work vs private. (not to mention WFH)

Just because you feel like it's an infringement doesn't mean it is. Workplaces must provide for a safe work environment, and a strong vaccination policy against serious infectious illnesses is one way to achieve that.

You are not entitled for any private employer to continue to employ you, especially if you're in an at-will employment jurisdiction.

This is where your emotions and the law collide. Obey company policy, or get terminated. Those are the choices nearly everyone faces. Don't like it? Start your own company.

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