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View Full Version : Job loss over flu shot?


Wolferz
12-29-13, 06:14 AM
http://news.msn.com/us/pregnant-nurse-fired-for-refusing-flu-shot

Pregnant Lancaster, PA nurse loses job for refusing to get a flu shot.

Bogus! This lady feared having a miscarriage so I don't blame her for refusing to get the shot.
Wife 2.0 got a flu shot some years back and began suffering excruciating foot and ankle pain not long after. A condition that doctors failed or refused to diagnose.
Do you think it's fair to force healthcare workers to get mandatory flu immunizations just because the government says the flu causes 200,000 people a year to be hospitalized?
There's an easier fix. If you have the flu, STAY HOME!

If someone with aids spits on you, they call it attempted murder.
Passing the flu around isn't much different.

Platapus
12-29-13, 07:49 AM
PA is an "at-will" employment state with no exception for public policy.

If the company and its accreditation organization (JCAHO) requires it, they have a legal right to fire her.

I think it is a cruddy thing for them to do and I am sure there could have been some work-arounds. But from a legal standpoint, I think they are on solid ground.

It may be possible for the worker to challenge this decision under the "implied employment contract" exemption, but those are hard to prove (Burden is on the fired employee). I am pretty sure there is some clause in her employment contract that covers the butt of the corporation.

Cruddy and unfeeling, but it looks legal.

Catfish
12-29-13, 07:52 AM
So if she lost the child because of the flu shot, would she have had the possibility to sue the company, or state ?
Would have been hard to prove i think, but there is enough evidence of fatalities.

Maybe they just sought for a reason to fire her anyway?
Buit of course they had the right to do so, all else would be communism :-?

Wolferz
12-29-13, 11:58 AM
As an at will state (go Commonwealth) sure, it's legal to flush this woman out the door for little or no reason. Fear not, she still has a leg to stand on in the courts. I hope she milks the unemployment insurance until the cow goes dry.:up: Corporations are gaining far too much power to dictate physical terms of employment. It smacks of tyranny, especially when it comes to a person's health and well being and that of her unborn child.
If I was her, I would have told them to stuff their flu shot and the job too!

No employer should be able to dictate the terms of your healthcare.
But, what the hell. The government is doing it now. Moot point I suppose.:nope:

Stealhead
12-29-13, 12:20 PM
They call it "right to work" here in Florida which is funny because the laws favor the employer.Pretty much the same thing you can be fired for anything and in Florida they do not even have to give you a reason they can just fire you.

The only "advantage" is that the law bans union only shops in other words no employer can offer a job where union membership is a requirement.Which I think is fair still that really favors the employer more than the employee.

You have to put all the legal stuff about right to work in the application and contract as well even if you do treat your employees like dogs.Of course most places you get the impression what kind of people they are during the interview.Of course if you need a job you need a job.

This is why I enjoy working where I do know we treat the workers like human beings not dirt.

fireftr18
12-29-13, 12:49 PM
Very short story. You really can't get any idea of what really happened. I see the "more to the story" flag waving high and proud.

Buddahaid
12-29-13, 12:57 PM
Everyone who works in a hospital environment is required to get annual TB tests and flu shots. The nurse knew this. No story.

Wolferz
12-29-13, 04:05 PM
Everyone who works in a hospital environment is required to get annual TB tests and flu shots. The nurse knew this. No story.

I would think that a hospital would take her condition into consideration and weigh the consequences. Question is, did her Obstetrician have reservations about introducing the vaccine into an already touch and go pregnancy?

A TB test I can understand. It's just a test, not a vaccine.
Like has been iterated, it's a moot point. If her pregnancy is in that much danger of miscarriage she shouldn't be working at all. Much less in a hospital.

She'll get her unemployment no matter what and spend the rest of her term eating pickles and ice cream.:)

fireftr18
12-29-13, 04:48 PM
Everyone who works in a hospital environment is required to get annual TB tests and flu shots. The nurse knew this. No story.

I was required to get my TB test, but not required to get the flu shots. I know rules can change, and if so, it is a recent change.

Jimbuna
12-29-13, 05:01 PM
I was required to get my TB test, but not required to get the flu shots. I know rules can change, and if so, it is a recent change.

Pass it on...tis of no benefit to you anyway :O:

Stealhead
12-29-13, 06:20 PM
Funny I looked around and so far as I can tell there is no risk for pregnant women with the flu vaccine in fact it is highly recommended that pregnant women get the shot.

STEED
12-30-13, 12:33 PM
Wast of time Flu jabs..

Gargamel
12-30-13, 07:10 PM
There are people out there who are immuno-compromised who are unable to get vaccines, as they will cause the full fledged disease to erupt. They are protected by the communal vaccinations of those around them. So if you are able to get a vaccine, get it, you are only helping your fellow man. Those who don't may end up being a carrier, but not infected by, of a disease, and putting others at risk.

Having worked, in multiple clinical settings, in healthcare for many years, I have naturally built up my own set of anti-bodies from the constant minor exposures I received, so I can see her logic. But I always got a flu shot when offered. I wasn't about to put a patients health at risk for my own pride.

If she worked in an office building or such, then I can accept her refusing a flu shot. But as a practicing nurse, I feel it's extremely unprofessional to do so.

Stealhead
12-30-13, 07:31 PM
Wast of time Flu jabs..


Really? I came down with the flu every other year while in school in the military they made us get the flu vaccine each year never came down with it once in 12 years neither did anyone else in my unit except the one German civilian mechanic who was not required to get the vaccine every year I was in Germany.

Herr Marshall had the flew each year and showed up for work anyway exposing everyone but no one got sick that occurred with 100% consistency over a 6 year period no way that 60 different people all have that strong of an immune system for the flu vaccine not to have been a factor.

Ever since then I get the shot never had the flu since.

Madox58
12-30-13, 08:04 PM
"The hardest thing of all is to find a black cat in a dark room, especially if there is no cat."

Haven't had a shot since I left Military service in the 80's.
Haven't had a proven case of any Flu since then.

Where's the Black Cat now?

fireftr18
12-30-13, 08:09 PM
Every year with the fire dept since flu vaccines came available, I got one. And I got the flu every year. Of course going into homes of people with the flu and trapped in a box with someone with the flu didn't help either. :haha:

Madox58
12-30-13, 08:16 PM
I don't trust any Govt supplied injection into my body.
:stare:

I've also worked with people that took the shot then became sick when I did not.
Guess that's a fluk they get sick and I don't.

Sailor Steve
12-30-13, 08:31 PM
II've also worked with people that took the shot then became sick when I did not.
I had a similar experience way back when. My wife and her entire company got sick. I refused to participate and stayed healthy. I've been told recently that that used to be a problem but no longer is. I did get the shot a couple of years ago and nothing bad happened, but as any statistician will tell you, "Once is not a trend."

Stealhead
12-30-13, 09:04 PM
"The hardest thing of all is to find a black cat in a dark room, especially if there is no cat."

Haven't had a shot since I left Military service in the 80's.
Haven't had a proven case of any Flu since then.

Where's the Black Cat now?

That proves nor disproves nothing to be frankly honest.

The Confucius quote is not relevant in this discussion unless you can scientifically prove that the flu vaccine does nothing which you did not.My story not scientific proof either but neither is yours.

In this case there is a black cat in the room the black cat being the flu.

For starters each years flu vaccine dose not cover every possible strain only the strains expected to be most common so a person can still get exposed to a less common strain in that case that vaccine did not fail because it did not cover the rarer strain.So in the case where several got sick after having the vaccine the reason was because one person was sick with the unprotected strain and spread it.Had the vaccine covered that rarer strain in all likelihood no one would have come down with the flu.

Another thing that can occur is being exposed to the flu but it remains dormant for a few days or weeks in the mean time a person goes and gets the vaccine in that case the vaccine would fail because the virus has already entered the persons immune system and will do its work.What a vaccine at least in the case of a virus it allows the immune system to be able to identify the pathogen.

This would explain things far better than I can http://science.howstuffworks.com/life/cellular-microscopic/flu6.htm

the way I see it it is like wearing a seat belt or body armor or a hard hat sure these will not protect from all possible things but better to have something than nothing.