If you are a healthcare professional facing termination due to your flu shot refusal, there are many things that you can do to protect yourself. The first thing is to make sure that you have everything in writing. This is key, and may help you with the EEOC or the unemployment office.
The second thing to remember is to NOT SIGN ANYTHING. Please do not sign a thing; even if your employer tells you it’s required. Many of our members have found that they have “voluntarily resigned” by signing items shoved in front of them and they have no recourse. Sign nothing. MAKE them fire you. If you have a lawyer, let them know you want your lawyer to review any paperwork before you sign off on it. This alone may make them stop and think twice.
Have you attempted to obtain a religious, pregnancy, or medical exemption from your employer? Make sure that this is documented as well. If they deny you, for any reason, make sure that you have something in writing. This will be key. You need to make sure that you have that denial letter, especially if they are violating your civil rights in refusing a religious exemption, or even potentially causing you harm due to denying your medical exemption.
If you are actually terminated, you will need to do two things- right away. DO NOT WAIT. The longer you wait, the more the chances are of losing your battle even further. The first of which is to file for unemployment immediately. Some of our members state that they have been denied unemployment, but many more have received it due to unfair termination, and the mandatory flu shot being introduced after their employment started. It’s a good place to start with to hit the employer in the pocketbook, as the more people that file for unemployment due to unfair and unjust termination, the higher their unemployment insurance will be. You can file for unemployment online, by doing a quick Google search for your state unemployment agency.
Secondly, you will also need to file an EEOC complaint. Particularly if you are terminated due to any of the mentioned reasons above. This can be done online here: http://www.eeoc.gov/employees/howtofile.cfm
From here, the choices are yours. You may wish to hire a lawyer and file a lawsuit for wrongful termination. You may also wish to sue for Civil Rights violations, or pregnancy discrimination. The choice will be yours. We have contact info for a few lawyers on our website as well that you may want to consider contacting.
NOTE: we are not lawyers, and this is not legal advice. This is the advice that has been gathered up from several members who have had success using these options.