Employee Vaccination Rights
Employee Vaccination Rights Attorney in Kansas and Missouri
Employees do have rights in the face of employer compelled vaccination. If you have questions about your rights in the face of an employer’s mandate to become vaccinated, it is important to contact a lawyer immediately to discuss your options. Koc Law LLC, consistent with its mission of standing with employees against corporate overreach and legal violations, will consult with employees impacted by such situations to help you understand how to invoke and protect your rights as much as possible.
Bases For Mandatory Vaccine Objections:
There are several potential grounds to object to mandatory vaccination those are:
Religious Exemption
For example, each currently available COVID-19 Vaccination is connected to some degree (either via testing or actual manufacture) to the abortion-derived cell line HEK-293. An individual who is opposed to vaccination connected to abortions may legitimately oppose receipt of a vaccine on such grounds – and particularly may do so as to vaccines that are not substantially proven to be effective in the long term against COVID (for example, it is not yet clear that these vaccines work for more than a few months before losing their effectiveness). In the case of a religious exemption claim, the employer is then required to follow a religious accommodation process. That process may or may not end with an exemption from a vaccine depending on the circumstances of one’s employment and the nature of his or her job.
Health/Disability Based Exemption
There are many health conditions which make receipt of any vaccination, including COVID-19 vaccinations, a serious health risk. As such, an individual with such health concerns may be entitled to a reasonable accommodation where he or she does not get the vaccine, but the employee is able to follow different procedures to mitigate the risk of COVID-19 infection. It is also important to consider how the employer treats other “similarly situated individuals” – i.e. other communicable diseases and vaccinations – to ensure you are being treated fairly under the law. The outcome of such an exemption claim, like that of the religious exemption is going to vary from situation to situation.
Contact a Kansas and Missouri Licensed Attorney to Help You With Your Legal Claims Regarding Vaccine Based Discrimination.
Koc Law LLC handles cases all through the Kansas and Missouri area including Kansas City, Missouri; Olathe, Kansas; Overland Park, Kansas; Topeka, Kansas; St. Joseph, Missouri; Columbia, Missouri; Joplin, Missouri; Wichita, Kansas; and Hays, Kansas.
Examples of Wrongful Termination in Kansas or Missouri
It can be confusing to know if you were wrongfully terminated or not. Simply because it seems unfair does not mean wrongful. That said, wrongful termination can materialize in several different ways. Here are the most common that occur today.
Breach of Contract
Employment agreements are contracts that contain terms, conditions, and consideration (income, paid time off, retirement, health insurance, etc.) the employee will receive in exchange for their work. In other words, the contract spells out what is expected of the employee in return for their wages and other benefits. These contracts do not have to be written to be enforced. When an employee is wrongfully terminated, that termination may be considered a breach of contract.
Public Policy Violations
Employment agreements are contracts that contain terms, conditions, and consideration (income, paid time off, retirement, health insurance, etc.) the employee will receive in exchange for their work. In other words, the contract spells out what is expected of the employee in return for their wages and other benefits. These contracts do not have to be written to be enforced. When an employee is wrongfully terminated, that termination may be considered a breach of contract.
Discrimination
Employment agreements are contracts that contain terms, conditions, and consideration (income, paid time off, retirement, health insurance, etc.) the employee will receive in exchange for their work. In other words, the contract spells out what is expected of the employee in return for their wages and other benefits. These contracts do not have to be written to be enforced. When an employee is wrongfully terminated, that termination may be considered a breach of contract.
Whistleblowing
Employment agreements are contracts that contain terms, conditions, and consideration (income, paid time off, retirement, health insurance, etc.) the employee will receive in exchange for their work. In other words, the contract spells out what is expected of the employee in return for their wages and other benefits. These contracts do not have to be written to be enforced. When an employee is wrongfully terminated, that termination may be considered a breach of contract.
FMLA Violations
Employment agreements are contracts that contain terms, conditions, and consideration (income, paid time off, retirement, health insurance, etc.) the employee will receive in exchange for their work. In other words, the contract spells out what is expected of the employee in return for their wages and other benefits. These contracts do not have to be written to be enforced. When an employee is wrongfully terminated, that termination may be considered a breach of contract.
What Should Employers in Kansas or Missouri Do to Prevent Wrongful Termination?
Employers should be proactive to prevent their company or business from engaging in wrongful termination. The consequences of a successful wrongful termination claim can be dire for the company. So, by being proactive, a business can prevent future litigation, fines, and penalties.
Clarity
Employers should always be clear regarding what is expected of an employee. When an employee fails to follow through with clearly laid-out expectations, and the employer keeps track of this failure, it goes a long way to protect the employer from charges of wrongful termination should they terminate the employee.
Clarity
Employers should always be clear regarding what is expected of an employee. When an employee fails to follow through with clearly laid-out expectations, and the employer keeps track of this failure, it goes a long way to protect the employer from charges of wrongful termination should they terminate the employee.
Clarity
Employers should always be clear regarding what is expected of an employee. When an employee fails to follow through with clearly laid-out expectations, and the employer keeps track of this failure, it goes a long way to protect the employer from charges of wrongful termination should they terminate the employee.
Clarity
Employers should always be clear regarding what is expected of an employee. When an employee fails to follow through with clearly laid-out expectations, and the employer keeps track of this failure, it goes a long way to protect the employer from charges of wrongful termination should they terminate the employee.
What Should Employees in Kansas or Missouri Do if Wrongfully Terminated?
Employees who believe they have been wrongfully terminated should take immediate action. Time is of the essence because in these types of cases, you usually have to file an administrative complaint first before a lawsuit, and the former process is very different than the latter process. Plus, the window to file an administrative complaint is a lot smaller than it is to file a lawsuit. Here are a few things you should do if you believe you have been wrongfully discharged from employment in Kansas or Missouri.
Be cautious
Employees who have been wrongfully terminated should be careful how they conduct themselves. A former employee should follow through with any requests of the employer to return company property or to leave the premises. Do not retaliate in any way by, for example, damaging company property – it will only reflect poorly on you and harm your chances of a fair and just remedy.
Get clarification
Employees who have been wrongfully terminated should be careful how they conduct themselves. A former employee should follow through with any requests of the employer to return company property or to leave the premises. Do not retaliate in any way by, for example, damaging company property – it will only reflect poorly on you and harm your chances of a fair and just remedy.
Document everything
Employees who have been wrongfully terminated should be careful how they conduct themselves. A former employee should follow through with any requests of the employer to return company property or to leave the premises. Do not retaliate in any way by, for example, damaging company property – it will only reflect poorly on you and harm your chances of a fair and just remedy.
Review everything
Employees who have been wrongfully terminated should be careful how they conduct themselves. A former employee should follow through with any requests of the employer to return company property or to leave the premises. Do not retaliate in any way by, for example, damaging company property – it will only reflect poorly on you and harm your chances of a fair and just remedy.
Hire an employment law attorney
Employees who have been wrongfully terminated should be careful how they conduct themselves. A former employee should follow through with any requests of the employer to return company property or to leave the premises. Do not retaliate in any way by, for example, damaging company property – it will only reflect poorly on you and harm your chances of a fair and just remedy.
Remedies for Wrongful Termination
There are quite a few possible remedies available to a person who has been wrongfully discharged in Kansas or Missouri. Remedies will be dependent in part on whether you filed a complaint through federal or state agencies or through the court system. Here is an overview of the most common remedies.
Lost wages
From the time you were terminated to the time trial begins, you can seek compensation for lost wages. If you find a job during that time, compensation for lost wages will be reduced accordingly.
Injunctive relief
The court can order the employer to undertake certain acts, like reinstating you as an employee in your former position or requiring policy and procedure changes to prevent wrongful terminations in the future.
Out-of-pocket expenses
Out-of-pocket expenses include costs associated with things like medical care (e.g., therapy for harassment) or job search (e.g., fees associated with a headhunter).
Lost benefits
If you lost benefits – like paid time off, bonuses, retirement, and more – it can be compensated through economic damages.
Pain and Suffering
This type of compensation is known as non-economic and could include anything from mental anguish to a decrease in quality of life as a negative effect of the termination.
Lost future earnings
If you cannot find a position or one that pays you comparably, you can seek compensation for this loss of future earnings.
Attorneys' fees and costs
You can request reimbursement for attorneys' fees and court costs, and if you win, the court can order the employer to pay these costs.
Punitive damages
Punitive damages are designed to punish egregious or malicious behavior and to prevent the same from happening again. Not all states allow it, and most states cap the amount to be awarded. Speak to our employment lawyer at Koc Law LLC to know if you might be able to sue for punitive damages under your particular circumstances.
Koc Law LLC Is Here for You
At Koc Law LLC, we focus on Retaliation, Medical and Family Leave, Wage Law, and Disability Discrimination and we are here to listen to you and help you navigate the legal system.