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The Supreme Court Weighs in on COVID-19 Vaccines: What It Means for Employees

January 26, 2022/in Blog, COVID-19, Employment

What is the vaccine mandate? In September 2021, President Biden issued an executive order requiring federal employees and contractors to be fully vaccinated against COVID-19 (the Coronavirus). In November 2021, President Biden issued two additional executive orders regarding the COVID-19 pandemic and vaccine mandates that are were reviewed by the Supreme Court. The […]

Minnesota is an At-Will Employment State. What Does That Mean?

January 6, 2022/in Uncategorized

When you hear that Minnesota is an “at-will” employment state, you may wonder what that means for an employee. It simply means you can quit your job for any reason at any time; you do not have to give notice nor a reason to your employer for leaving your position. However, it also means an […]

The Supreme Court Weighs in on COVID-19 Vaccines: What It Means for Employees

January 26, 2022/in Blog, COVID-19, Employment

Minnesota is an At-Will Employment State. What Does That Mean?

January 6, 2022/in Uncategorized

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The Supreme Court Weighs in on COVID-19 Vaccines: What It Means for Employees

January 26, 2022/in Blog, COVID-19, Employment

What is the vaccine mandate?

In September 2021, President Biden issued an executive order requiring federal employees and contractors to be fully vaccinated against COVID-19 (the Coronavirus).
In November 2021, President Biden issued two additional executive orders regarding the COVID-19 pandemic and vaccine mandates that are were reviewed by the Supreme Court.
- The first requires employers with 100+ employees to mandate vaccines (or weekly testing for those who do not want to be vaccinated).
- The second requires that healthcare facilities which receive federal funding implement a similar vaccine policy.
In January 2022, the Supreme Court struck down the first of the November 2021 rules. It held that it is unconstitutional to require employers to mandate vaccines and weekly testing.

So, what does all of this mean for me?

If you are a federal employee, you must be fully vaccinated.
If you are employed by a healthcare facility that receives funds through Medicare or Medicaid, you must be fully vaccinated or undergo weekly testing for COVID-19.

Can my employer mandate vaccines, testing, and masks if it chooses?

Yes. The Supreme Court did not ban employers from choosing to require that employees be vaccinated or undergo testing. It only prevented the government from mandating that employers implement this policy.
However, if your employer is a healthcare facility that receives federal funding (through Medicaid or Medicare), then it is still required to mandate vaccines and weekly testing.

My employer is a healthcare facility that receives federal funding and I think it is violating the vaccine mandate. Can I be punished for filing a complaint?

No. Many statutes prohibit employers from retaliating against employees who report legal violations or participate in investigations of alleged violations.
Employees can and should report violations of workplace safety laws, including federal and state OSHA regulations related to COVID-19.

Minnesota is an At-Will Employment State. What Does That Mean?

January 6, 2022/in Uncategorized

However, it also means an employer can terminate your employment for any reason at any time, as long as the reason for termination is not illegal. For example, it is illegal for an employer to terminate employment based on an employee’s race, age, sex, disability, sexual orientation, or religion.

It is also illegal to terminate an employee in retaliation for a few very specific things. For example, it is illegal to retaliate against an employee because the employee reported something illegal (whistleblowing), because the employee requested FMLA, because the employee filed for workers’ compensation benefits, or because the employee reported illegal discrimination. However, it is not illegal for an employer to retaliate against an employee for most other reasons.

Being an “at-will” employment state makes it easy for an employee and their employer to part ways if the position is not working for one or both of the parties. But, if you feel you have been wrongfully terminated based on discrimination or retaliation, contact us at Kitzer Rochel. Our experienced employment law attorneys would be happy to discuss your case and help you understand your legal rights and options.

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