Job loss over flu shot?

Wolferz · 12-29-13, 06:14 AM

http://news.msn.com/us/pregnant-nurs...using-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.

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.

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

Quote:

Originally Posted by Buddahaid

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

Quote:

Originally Posted by Buddahaid

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

Quote:

Originally Posted by fireftr18

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

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

Quote:

Originally Posted by STEED

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.

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?

12-29-13, 06:14 AM	#1
Wolferz Navy Seal Join Date: May 2007 Location: On a mighty quest for the Stick of Truth Posts: 5,963 Downloads: 52 Uploads: 0	Job loss over flu shot? http://news.msn.com/us/pregnant-nurs...using-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. __________________ Tomorrow never comes

12-29-13, 07:49 AM	#2
Platapus Fleet Admiral Join Date: Oct 2006 Posts: 19,366 Downloads: 63 Uploads: 0	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. __________________ abusus non tollit usum - A right should NOT be withheld from people on the basis that some tend to abuse that right.

12-29-13, 11:58 AM	#4
Wolferz Navy Seal Join Date: May 2007 Location: On a mighty quest for the Stick of Truth Posts: 5,963 Downloads: 52 Uploads: 0	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. 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. __________________ Tomorrow never comes

12-29-13, 12:49 PM	#6
fireftr18 Ocean Warrior Join Date: Feb 2010 Location: Kentucky Posts: 2,528 Downloads: 77 Uploads: 0	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. __________________ Of all the forms of Martial Arts, Karaoke causes the most pain!

12-29-13, 12:57 PM	#7
Buddahaid Shark above Space Chicken Join Date: Jun 2008 Posts: 9,319 Downloads: 162 Uploads: 0	Everyone who works in a hospital environment is required to get annual TB tests and flu shots. The nurse knew this. No story. __________________ "However vast the darkness, we must provide our own light." Stanley Kubrick "Tomorrow belongs to those who can hear it coming." David Bowie

12-29-13, 07:52 AM	#3
Catfish Dipped Squirrel Operative Join Date: Sep 2001 Location: ..where the ocean meets the sky Posts: 17,766 Downloads: 38 Uploads: 0	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

12-29-13, 12:20 PM	#5
Stealhead Navy Seal Join Date: Feb 2009 Location: Kentucky Posts: 5,421 Downloads: 85 Uploads: 0	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.

12-29-13, 06:20 PM	#11
Stealhead Navy Seal Join Date: Feb 2009 Location: Kentucky Posts: 5,421 Downloads: 85 Uploads: 0	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.

12-30-13, 12:33 PM	#12
STEED Lucky Jack Join Date: Jan 2006 Location: Down Town UK Posts: 27,695 Downloads: 89 Uploads: 48	Wast of time Flu jabs.. __________________ Dr Who rest in peace 1963-2017. To borrow Davros saying...I NAME YOU CHIBNALL THE DESTROYER OF DR WHO YOU KILLED IT!

12-30-13, 07:10 PM	#13
Gargamel Lucky Sailor Join Date: Oct 2010 Location: Rome Posts: 4,273 Downloads: 81 Uploads: 0	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. __________________ Luck is a residue of Design.

12-30-13, 08:04 PM	#15
Madox58 Stowaway Posts: n/a Downloads: Uploads:	"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?