Note that the benefits of the flu shot are considered to outweigh its risks. Still, while it’s pretty clear that forcing workers to have flu shots is permitted, it’s also pretty clear that if an employee complies with an employer mandate and has a flu shot in order to keep his or her job, after documenting his or her objection to the policy, AND suffers any negative consequences from the shot that the employee should consider suing his or her employer.
Employees who don’t want the flu shot but who get it in response to employer threats of firing should hold employers responsible for any injury that occurs. The first step is to obtain documentation in the form of a memo or written policy that indicates that your manager, company or human resources department is requiring you have a flu shot as a condition of employment.
Next you should document your objection to having a flu shot along with your willingness to have one because you don’t want to lose your job.
Third, you should research conditions listed by the CDC as anticipated risks and pitfalls of having the flu shot.
Fourth, if you are an individual for whom flu shots are not advised, make sure you notify your employer.
Employers who threaten workers with job loss must take on the responsibility for exposing the employee to harm and for damages arising from the flu shot, no matter how unlikely such results are.
The CDC website provides notice of potential harm that will be suffered by individuals who have the flu shot. Regardless of the likelihood of such negative results, employers with full knowledge ahead of time undertake the risk that employees will suffer some or all of the possible negative consequences from a flu shot.
Employers who mandate flu shots should cover all medical costs, including co-payments, co-insurance, and deductibles for treatment of any side effect that a patient experiences that is listed as a possible side effect on the CDC website.
Since the CDC plainly indicates under its “What are the side effects that could occur?” section that individuals might experience soreness, fever, aches, and toughness and itching where the shot was given and that those symptoms “begin soon after the shot and usually last one to two days,” all employees who experience any of these side effects should be given one to two additional sick days since their health was negatively impacted by their employer.
There are documented risks associated with the flu shot which are NOT considered to OUTWEIGH its benefits. But, once you remove the choice from individuals about getting the shot, they should not be liable in any way in the event they experience one of these side effects.
Employers should undertake the financial risk of paying costs and damages for employee illness for exposing the employee to any of the risks of the flu shot which the employee experiences, including the “extremely small” risk of “serious harm or death.” In addition to allergic responses ranging from breathing to hoarseness to wheezing, fast heartbeat and dizziness, some people might end up with Guillain Barre Syndrome with symptoms of fever, nerve damage, and muscle weakness.
In connection with paying all out-of-pocket expenses for medical care employees seek based on the occurrence of any of the symptoms and conditions described and therefore associated with and known about the flu shot, employers should note that individuals experiencing ANY of these symptoms are advised by the CDC to visit a physician and have a report filed with the Vaccine Adverse Event Reporting System.
