Now that the Pfizer-BioNTech vaccine has been fully approved—and as the COVID-19 delta variant continues to spread—more employers may decide to require workers to get vaccinated. Employees who are fired for refusing to get vaccinated may be violating a company policy and ineligible for unemployment benefits. The Society for Human Resource Management (SHRM) takes a closer look issue and the many variables at play regarding unemployment eligibility. They speak with several attorneys including Partner Chase Hattaway, who focuses his practice in part on labor and employment issues.

“A critical factor is that the employer had a clear policy in place that the employee violated,” noted Hattaway. “The key is to tell employees in writing what is required and when they will be eligible for an exemption, he said.  

If an employer is contesting a claim, Hattaway advises, “Employers should be able to show that they had a clear policy, the employee received the policy and the employee refused to comply. “Have documentation of the reason for the employee’s termination.”

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