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FNC Medical A-Team’s Dr. Marc Siegel and attorney Nicole Deborde debate whether employers can make flu shots mandatory for employment.
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-- employees -- try help in Ohio got it still faithful gift as they left to go home for Thanksgiving.
Termination notices that fifth largest employer in the region.
Hasn't come you white policy that all employees must get flu shots so -- 150 of those employees failed to get the shop of the deadline.
Try help tell them sorry.
No shot means no job isn't even legal.
And should business be allowed to do this during the now doctor Marc Siegel -- -- Fox News medical eighteen.
And a criminal defense attorney Nicole the board thanks to -- you -- for joining us.
Let your immediate reactions that and you current market ahead doctor Siegel -- we have you heard of something like this report.
Yes this is always a controversy and of course legally and -- -- of local lawyer bad habits in the contract at this time when there were higher they probably have a legal right to do this.
But my what my issue is medical because the flu shot is only about 60% effective in any given year against even the prevailing strange that -- And I have a rationale for one employees to have it especially in the medical community I have two employees that haven't gotten it yet I'm not letting them -- Because again it's 60% effective -- my goal is to -- because something called -- herd immunity so the rationale is.
If I give everybody in my -- -- flu shot -- may actually protect my patients from getting the flu when they're on the premises it may protect pregnant women -- May protect people with chronic illnesses it may protect the very young and the very old just the people wanna protect.
Like creating a ring of immunity so I could see making it a condition for a higher yeah that's not a 100% effective this is not a big pandemic going out liking contagion where -- you don't get the shot you're you're gonna die from this so I have a problem.
-- cold today legal leg to stand I would expect.
They don't have a legal leg to stand on as far as a lawsuit for being terminated in fact that Ohio is an employment at will state.
So what that means is that the employer can hire them and fire them at will.
And -- -- they haven't violated any kind of statutory rules in the in the termination of the employee their wellness within their rights to terminate that employee and getting a flu shot is -- quite simply something they -- their employees to do to keep their jobs wow so -- see these employees have no record.
They don't really have any recourse there are certain things that that employers cannot do.
In other words they can't fire a person as a result some some concern about race.
Gender what do -- what -- hang up journal BM needles that they're terrified you know they don't want the pain you can for someone to hurt them sounds -- if that's their complaint.
Well I really don't think that they have a legal leg to stand on unfortunately to sue because what the Los as is that an employer can fire someone out will basically as long as they are not.
Of violating when the statutory reasons that are written into the -- say these are the reasons you cannot -- -- someone they can do -- they.
Even the flip side of this doctor Siegel is that I can see it's sort of like when companies said that they were willing to I counter -- company -- -- they were -- -- everyone who didn't quit smoking because they didn't wanna pay for them.
On their health insurance -- this is a little different because these are people that are you working in the health care situation -- like you said you know they want them to be immune to this but.
You know it's it's kind of like no one's forcing you to have the jobs so this is your employer's requirements like all its it was like wearing a uniform are not willing to Wear the uniform you -- have the job if you're not willing have -- flu shot.
Or quit smoking -- -- from the job and it was forced you to work better.
Well let's I have -- mixed feeling about this because look the flu shot we only have -- 42% compliance in the United States I want it to be a 100% so that we create this ring herd immunity that I'm talking about a herd immunity let's get the whole -- accidentally.
Parents I hope you know it's -- that you try -- -- but look like it's a dead virus it's a dead virus it's not given anybody in the flu.
But I don't like this mandatory -- I want everybody to take it but I want dismissed report I wonder from a legal point of you wanna start turning.
From a legal point of view what if somebody got a bit Allan view the -- all you have to take it one of the -- But what ten years down the road we find out there's a side effect to all these flu vaccine are you missing -- of people thought that made it absolutely believes in autism and what if they decide that these flu shots cause of the -- -- the company opening themselves up to reliability -- around.
But I think that that is definitely an interesting question if an employer is mandating a certain activity -- flu shot or -- it may be it turns out that that thing that they're asking employees to do is dangerous to the employee.
They can be responsible for the decision that they've made on the employee's behalf but I think that that's certainly something they should take into consideration.
Interesting I think about the different discussion we appreciate it -- we're not one of those people on the committee are getting -- -- getting the -- the reverend -- to respond thanks a lot aren't.
