Unemployment For Refusing Vaccine
Conclusion: Employers mandating vaccines for their employees is a substantial change in the terms and conditions of employment. MKO believes if that, if you exhausted all of your alternatives before quitting or being terminated, you should be eligible for unemployment benefits under section 402e (or even 402b).
Fact #1: Employees who are fired (or forced to resign) for refusing to get vaccinated may be violating a company policy which could make them ineligible for unemployment benefits.
Fact #2: Unemployment benefits are available to employees who lose their jobs through no fault of their own.
Fact #3: There are two main legal theories that may exempt employees from vaccination and provide a cause of action for wrongful termination: Medical & Religious. For the former, you will need explicit documentation from a medical professional and for the latter, you’ll need documentation from a ‘Bonafide” religious leader (as well as a strong record of no vaccinations and religious worship) to even start the discussion. This is mostly a wrongful termination notation and not an unemployment benefits issue.
Fact #4: The current administrations of both Pennsylvania as well as the Federal Government are hostile to those electing to delay or not receive the Covid vaccine. [It is important to note that as your lawyers, MKO advocates for you and your positions, we are not here to judge.]
Observation: Many employers are telling employees they will not be eligible for unemployment benefits. This is not accurate; it is their opinion notably backed by a financial interest.
Think about it this way: Imagine your employer suddenly tells you that the workplace location has changed 15 minutes to 2 hours away. You never agreed to this when accepting this job. This was never contemplated as you worked there as a good employee for years- and in many cases decades. So, you tell your employer, look I can work virtually, I’ll come in 1 day a week, everything will be fine. They stubbornly refuse. While the employer can fire you (or force a resignation), that is NOT you or the other employees’ fault. You should get unemployment benefits.
Consider that the vast majority of the workforce has never had any medical requirements nor even asked about their medical history. Suddenly, you are told to put substances in your body as a requirement of employment. To be clear, people in America have the worlds most robust individual autonomy; freedom of choice. But there are often consequences, for example the job might be lost (both parties can generally always end the employment relationship at-will), but that doesn’t take away the due process secured right to collect unemployment benefits.
You have offered to mask, socially distance, work virtually, get tested weekly, requested exemptions, and yet flatly denied. You have exhausted all of your alternatives and options. Perhaps you even made note if the vast majority, if not virtually everyone is vaccinated, it provides no undue burden to the employer whatsoever – it becomes an exercise in obedience and control. They have no automatic right to deny your benefits. In MKO’s legal opinion, you should almost always be eligible for benefits under these circumstances.
You will need a lawyer to fight your case. Call and retain MKO before you apply for benefits initially to avoid costly and stupid mistakes (we won’t mince words, utterly stupid mistakes) that can wreck your case. If you are beyond that, it’s water under the bridge, but you probably got a Denial Notice, Notice of Hearing, or bad Referee Decision and you will need our help.
Call or chat us now for a free consultation.
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“Providing you a path forward in your life, career, and recovering the compensation you deserve.™”
MKO is a “boutique firm” which means that we focus on a niche area and offer highly specialized services to clients who are looking for the personal touch within our area of expertise: Employment Law. Boutique law firms are not a general practice or one-stop legal shop, and that’s a good thing. You need one good attorney who knows the ins and outs of the area of law that’s relevant to your case. Look for a law firm that primarily practices the area of law that you need. If that’s all they do, chances are, they do it very well. We see each legal dispute as an opportunity to find a fair and equitable resolution without destroying your reputation, resume, job prospects, income, and if avoidable, not subjecting you, your family, friends, and former coworkers to unnecessary, highly invasive, time consuming, stressful, and ultimately public litigation. MKO, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™” Confidentiality is key, for everyone. Are you a victim? MKO’s employment lawyers are always available for the clients. You can contact us anytime for a case assessment and evaluation.
Ten Reasons To Choose Our Law Firm
1. Focused Employment Law Practice
MKO is a “boutique law firm” which means that we concentrate on this niche area and offer highly focused employment law services to clients who are looking for the personal touch. Boutique law firms are not a one-stop legal shop, and that’s a good thing. While a long roster of diverse legal services may look impressive on paper, it’s fairly pointless in practice. You need one good attorney who knows the ins and outs of the area of law that’s relevant to your case. Look for a law firm that only practices in the area of law that you need. If that’s all they do, chances are, they do it very well.
2. Technology Driven & Experts in the Cloud
We provide immediate legal consultations, operate a paperless law firm, use advanced cloud storage, digital signatures, electronic forms, and can review your documents using screen share technology instantaneously. MKO is technologically savvy, nimble, flexible, and efficient.
We are not confined to our office, chained to a desktop computer, or burdened with IT maintenance. Thanks to the smart use of technology we can focus on providing our clients with the best representation possible. By streamlining our practice we can focus on what our clients hire us to do – advocate on their behalf and work diligently toward a desired result.
3. Legal Advice Instantly From The Comfort of Home
MKO can provide superior legal services through adapative use of new technology and provide the majority of legal assistance while you are comfortably working from your home. It just also happens it’s better, easier, and faster for our clients – they really appreciate it. We seemlessly and interactively collaborate with you in a relaxed enviornment where you have all of your files in your immediate control. We find this is the absolute best way to provide legal advice to our clients on complex legal issues, hands down.
The old style of coming into our office with binders of disjointed and unsearchable paperwork, of which we to organize and figure out on the fly, is incredibly wasteful, time-consuming, inefficient, and not highly productive. Because of our integration with technology, we are ready to work with you on highly intricate matters on a moments notice, no matter where you (or we) are.
4. Discreet When Necessary
While many cases require that we go to court to seek justice, there are a substantial number of disputes that need to be handled discreetly. We see each legal dispute as an opportunity to find a fair and equitable resolution without destroying your reputation, resume, job prospects, income, and if avoidable, not subjecting you, your family, friends, and former coworkers to unnecessary, highly invasive, time consuming, stressful, and ultimately public litigation. MKO, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™”
Confidentiality is key, for everyone.
5. Experience, Professional, & Integrity
Through representing and managing thousands of employment situations, rest assured there is help or a path forward for your situation. For example, Partner Christi Wallace has personally represented over 900 clients and has managed hundrends more for associates that worked for her in just the last 7 years!
6. Highly Responsive Attorneys
We always get the question, “If I choose to have you represent me, will it be difficult for me to get in touch with you?”
Absolutely not, we even make ourselves available to clients beyond our normal business hours! Futher, when you call us your attorney answers, not a secretary who puts you on hold for 20 minutes, then tells you that you can leave a voicemail for your attorney. Besides the MKO office phone number, our clients can contact their attorney via mobile, SMS & texting, business email, and an urgent emergency email. For example, we can often respond to a text message in just a few minutes. Experience a better, faster, and more efficient way to work with an attorney. MKO believes that clients can and should depend on the fact that we’ll respond quickly.
7. Attorneys Available 74+ Hours Per Week
Employment Attorneys are available at least 74 hours per week by phone, email, and text messaging. Don’t be fooled by marketing, many law firms are using non-attorney 3rd party answering services and advertising “Phones Answered 24 Hours A Day, 7 Days A Week.” We pick up our own phones, respond to our own emails and text messages, and use real attorneys, 74+ hours per week.
8. Practical Advice From Seasoned Professionals
MKO strongly believes that every situation is distinctly unique and therefore we must endevour to find the right solution for that particular issue. Because we are a boutique employment law firm, we strive to find unique and innovation solutions for our clients in every circustance. We take action when necessary, put together deals when possible, and work with our clients so we can be creative and find smart solutions instead of needless litigation. We want to protect your interests now and in the future.
9. Contingency Representation
Contingency Legal Representation is where you do not have to pay your lawyer up front. This is fantastic if you are offered this option. Lawyers and litigation costs are incredibly expensive if you pay hourly. With contingency representation, you are not faced with large legal bills and expenses that are daunting and causes slow downs while waiting for a retainer to be replenished. Further, when you’re offering to pay anyone up front and hourly, it seems they’ll take almost any case – so long as they are getting paid. Funny how that works. Here’s how we help:
- People can afford an attorney. – Without the benefit of contingency, it would be very difficult for a person who was recently seperated from their job to afford an employment lawyer.
- MKO only gets paid if there is a recovery. – We put our money where our mouth is, if we don’t get a recovery, you don’t owe legal fees and costs.
- Contingency representation says something about your case. – Considering MKO only will get paid if there is a recovery, you can assume we like to cases that we believe have merit.
- Helps people can move on with their lives – Instead of racking up debt to pay for legal help, our contingency representation lets you move on with your life as we deal with the legal stuff. This is exactly what MKO stands for, “Providing you a path forward in your life, career, and recovering the compensation you deserve.™”
10. Keeping Costs Low To Focus On Your Case
Our clients understand that their representation is are far more important than an expensive address. Some law firms might be battling an extremely burdensome and large cost overhead. In other words, to survive, they may need to be a “factory firm” or “volume practice” that needs to process a vast amount of cases to be able to afford their superfluous costs, expenses, and overhead. We aggressively keep costs down so we can focus on you.
Don’t want to be treated like an account number, a settlement figure, or a wheel that needs to be turned to keep the law firm getting paid? We keep our costs low and use this financial freedom for our clients best interests.
Hours Open Every Week
Clients & Cases Managed
Wrongful Termination & Discrimination Questions
To Ask During Your Free Lawyer Consultation
=What does an employment discrimination lawyer do?
=Do I need an employment lawyer?
=Can a discrimination attorney really help my case, even if I still work there?
=When should I hire an employment discrimination law firm?
=Is discrimination really that common?
=How do you hire a discrimination attorney?
=How do I know when I need an employment lawyer?
=When should I address discrimination at the office?
=What is my discrimination case worth?
=Do I have a discrimination case?
I trusted Mr. Kraemer with a rather difficult period of time for my family, and we came out on top. He is trustworthy and honest, incredibly helpful, and understanding. Five stars aren’t enough! Him and his staff are well experienced, and won’t let up until the truth is known and justice is served. Michael, it’s been a pleasure. I hope I never need your services again! If I do, I will not hesitate to give you a call.
Halfway to wrongful termination help. If you don't get paid, neither do we. All you need to do is call MKO!
Employment Law Ready✔ ™
Michael Kraemer was the only lawyer who took my case and would be the only lawyer I’d rely on. He kept me informed and was very intellectual on the whole subject that my case was revolved around. I give Mr. Kraemer a 10 out of 10 and I would refer him and his associates to anyone who wants a well defined lawyer.
We help people fired, or soon to be fired, when they have been treated unfairly, illegally, or unjustly.
Employees needing physical or mental health/wellness accommodations are protected.
This is so broadly defined that most health conditions can be considered disabilities.
For those over 40 years old (but older is preferred) that experience bias based on your age.
Race, religion, gender (including pregnancy, childbirth, and related medical conditions), orientation, disability.
EEOC or PHRC Agencies
Aggressive lawyering in the state and federal agencies can mean quick, quiet, and lucrative resolutions.
Professional Exit Strategies
Cut your losses, leave winning, or remove yourself from a bad workplace. You might need an exit strategy.
A range of actions from mild transgressions to sexual abuse or sexual assault. A highly serious offense.