Important recent warnings were issued to workers who lose their jobs due to their refusal to receive the coronavirus vaccine, the most important being that they will not be eligible for government assistance or apply for unemployment benefits.
Observers saw that this development is another indication that the cost of refusing the vaccine has become high in the United States, especially after vaccine mandates have become a basic rule in large and small companies across the country, as part of the measures taken by employers to ensure the continuity of their business, and to be Workplaces are safe, to protect their workers from COVID-19.
Are you ineligible?
According to CBS news, workers usually qualify for unemployment benefits if they are terminated through no fault of their own. But experts say workers lose these benefits if they leave their job of their own volition, or if their employment is terminated for a reason related to them, such as their failure to comply with company policy, for example.
“Generally if you do something bad, commit misconduct, or violate company policy, you are ineligible to receive unemployment benefits, if you leave alone, or your employment is terminated,” says Jason Habinsky, president of the Office of Labor and Employment at Heinz Bohn, a New York-based law firm. For some reason, you are not qualified.”
Likewise, a violation of the company's COVID-19 vaccination policy, in most cases results in the worker being disqualified from receiving government assistance.
“In the event of non-compliance with the vaccine authorization, this is similar to non-compliance with any other employer-related policy,” Habinsky added. In general, this is why the agency is denying unemployment insurance benefits.”
The labor departments of the various states review unemployment claims on a case-by-case basis, taking into account the circumstances and the grounds on which the employee was terminated.
Clarification of cases
The New York State Department of Labor states on its website that "workers in health care facilities, schools, and nursing homes who quit or are terminated for refusing a vaccine will not be eligible for unemployment benefits, unless they qualify for a medical or religious exemption from the mandate." .
However, a non-vaccinated worker who has been fired may be eligible for unemployment insurance "if that person's work is not exposed to the public, and if the worker provides a compelling reason for refusing to comply with the vaccine directive," according to the New York State Department of Labor's official website.
The Washington State Department of Job Security says it will consider a variety of factors when evaluating unemployment benefit claims from workers who have been laid off because they failed to comply with their employer's vaccination requirements.
These factors include whether the employee qualifies for other benefits, the specific terms and exemptions of the vaccine policy, and why the employee is not complying with the vaccine authorization.
If an employer complies with the law, allowing exemptions for workers with medical conditions or honest religious beliefs that conflict with vaccination, but finds the employee ineligible, that individual's claim will likely be denied.
“It may be different when someone is laid off as a result of a religious or medical exemption," says Helen Rela, an employment attorney at Wilk Auslander in New York. In this case, the person may be eligible for certain state benefits.”
Cautions and Exceptions
A worker who was denied unemployment benefits after termination of employment due to a vaccine refusal can appeal if the employer does not have a formal vaccination policy in place, or fails to uniformly enforce it.
“Agency will consider all factors, and often look for reasons to support the payment of unemployment benefits, including whether the employer has an actual policy in place, whether the employee was aware of the policy, and whether the employer applies the policy uniformly to all,” Habinsky says. staff, and was this person just chosen to enforce the policy on him? All of these reasons could move the index in the other direction.”
Individuals who qualify for exemptions from the vaccine for medical or religious reasons will also be protected, and potentially qualify for unemployment benefits if they are laid off or suspended without pay.
"In that case you have a stronger argument that you will get benefits while searching for a new job that matches your medical condition," said Daniel Eaton, a San Diego employment attorney.
Dominic Camacho Moran, a labor attorney at New York-based Pharrell Fritz Law Firm, says: “The employer is legally entitled to order the vaccination, so if the employee doesn't get it, that's his choice, but it would be like saying, 'I don't want this job, thanks. “In this case, it will be treated as voluntarily resigning.”
Eaton gave another analogy, saying: “It's as if your employer told you, 'Come to work at 9 am,' and you said, 'But I will come to work at 11'. He added: “If you engage in willful misconduct like this, you will not be entitled to unemployment benefits, because they are intended for those who left their job through no fault of their own.”
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