August 12, 2021 | Volume 13, Issue 1

Discussion Questions

  1. As the video indicates, as a general rule of employment law, employers can fire employees for refusing vaccinations. What is the legal theory supporting this employer right?

    The legal theory supporting the employer right to fire employees for refusing vaccinations is the employment-at-will doctrine, a common law doctrine holding that as a general rule, an employer can fire an employee for any reason or for not reason at all. According to the rationale behind this rule, if the employer does not even need a reason to terminate an employee, the employer can certainly terminate an employee for a reason such as violating company policy (for example, one mandating vaccination) and/or imperiling the health of coworkers, customers, etc.
  2. As the video indicates, one exception to the general rule that employers can fire employees for refusing vaccinations is medical reasons. Comment on the propriety of this exception.

    This is an opinion question, so student responses may vary. In your author’s opinion, if the best medical evidence supports the conclusion that an employee’s health could be substantially compromised if the employee takes a vaccine, that risk could outweigh the benefit of requiring vaccination. Your author supports this exception if it is supported by credible medical documentation with evidence supporting such a conclusion to a reasonable degree of medical certainty.
  3. As the video indicates, another exception to the general rule that employers can fire employees for refusing vaccinations is religious reasons. Comment on the propriety of this exception.

    This is an opinion question, so student responses may vary. In your author’s opinion, this exception is more prone to abuse (by the employee requesting the exception) and criticism by those who oppose the exception. How can an employer actually establish that opposing vaccination is a religious tenet to which the employee truly subscribes?