Mandatory Flu Shots Unconstitutional or Constitutional?

Many employers are beginning to enforce their employees to undergo the influenza vaccine. Do you think this is unconstitutional? While many hospitals and physician offices are offering the flu vaccine for free to those employees that want to partake in the fight against the influenza virus and cut down on absentees, there are many that mandate each employee to get the vaccination. Employees that are allergic to the flu vaccine or eggs are not permitted to take the vaccine so they are eliminated from this mandate.

Employees Fighting Back


Many employees will agree to take the flu vaccine, just to stay on the good side of their employer and to be compliant with the mandate. Others feel that the mandatory requirements are unconstitutional, because it violates their rights, as an American citizen. Some hospitals have gone so far as to add this mandate to each and every employee contract and if they, at any time refuse to get the vaccination, they will be immediately terminated. Many federal lawsuits have been filed in hopes of getting the mandates dropped. Some medical facilities continue to mandate the influenza vaccination, but they added an alternative to taking it by allowing employees, who choose to undergo the vaccination an opportunity to opt out, but they would be forced to wear a surgical mask at all times, during flu season.


At-Will Presumption


At-Will Presumption is a relationship agreement between the employer and the employee. This law is fully explained in the employee handbook and states that the employer has the right to terminate an employee, at any time, without a significant reason, within legality. The employer also has the right to alter the relationship agreement, at any time, without forewarning. This law also protects the employee, by offering them freedom to resign from their job, without legal repercussions. So as you can see, the employer has the right to terminate employment for anyone, who refuses to take the influenza vaccination.

Employer Benefits Of Mandate


There are many employer benefits for requiring their employees to take the influenza vaccine. Some of those include;
– Fewer Absentees

– Decreases Nosocomial Infections

– Decreases Patient Mortality

During the flu season, impatient numbers are higher than any other time and this is why it is important that nurses, doctors, and other medical personnel present to work, healthy, and ready to perform their daily duties, without complications from the flu virus.