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Could You Lose Your New York Teaching Job for Not Getting Vaccinated?

| Feb 24, 2021 | Civil Service Employees |

New York civil service employee defense attorney

You might have heard in the news recently that some people are either getting fired because they refuse to take the COVID-19 vaccine or being threatened that they will lose their jobs if they do not get vaccinated for the virus. However, that is mostly related to work in public places, such as restaurants. Concerning schools, on the other hand, the latest reports from both the Centers for Disease Control and Prevention (CDC) and the White House suggest that while schools are encouraged to open for in-person learning, it is not yet required by law, which begs the question: What happens if your school threatens to fire you if you do not get vaccinated? That is when the right labor union and lawyer can help you build a strong civil service employee defense if necessary. Here is a closer look at the three main steps you can take to protect yourself with the help of your teachers’ union representative and your lawyer.

Steps to Take if Your School Threatens to Fire You for Not Taking the COVID-19 Vaccine

Much of the news across the nation concerning teachers’ unions and the vaccine is that many teachers do not want to return to in-person learning without getting vaccinated first. This push has led many states, including New York, to reprioritize teachers in the list of eligible people who can now get the vaccine. However, some of the largest teachers’ unions in the nation do not take issue with the CDC’s stance on this. Many agree that, with the proper safety precautions done correctly and comprehensively, teachers can and should return to class across the nation. Despite these facts, you are going to want to prepare yourself for a possible battle if your particular school threatens your job for not taking the vaccine. Here are three steps to take to protect your career:

  1. Assess the situation. You need to understand what the rule is about this in your school and your school district. If that rule is not explicitly communicated, then you might have a stronger case. In addition, you might want to consider other possible protections you can claim:
  • Medical Conditions—If you know for a fact that you have a medical condition that would be complicated by any vaccine, and the COVID-19 vaccine, in particular, that could put your health or life in danger, meaning it might be safest for you to not get the vaccine.
  • Religious Beliefs—While more difficult to prove than medical conditions, religious beliefs can be used in much the same way. If you hold a specific belief or other life philosophy protected under federal law that prohibits you from getting vaccines, then you might be able to keep your job without getting vaccinated.
  1. Contact your teachers’ union representative. As mentioned earlier, while many teachers’ unions want their teachers to be vaccinated before heading to the classroom, many others find it acceptable for their members to head back to class without being vaccinated provided the school is prepared with proper safety measures. In that sense, your teachers’ union rep could be your greatest ally in such a situation.
  2. Seek professional legal counsel. An attorney who understands labor unions and civil service defense would be ideal for this type of case. Of course, you would not necessarily need to bring them on board until you actually find yourself out of work or facing other consequences similar to civil service disciplinary charges, but it might be worth it to contact them to learn more about these types of cases in an initial consultation.

Contact an NYC Labor Union Attorney

The COVID-19 pandemic has raised all kinds of interesting and difficult questions for both the general public and lawyers alike. Teachers and vaccinations are only one of these concerns. If you are facing losing your job as a teacher, contact your teachers’ union rep and reach out to a knowledgeable and skilled New York civil service job defense lawyer who can provide you with the best guidance for your situation. Call Joey Jackson Law, PLLC today at 833-563-9522 for high-quality and comprehensive employment defense strategies.

 

Sources:

https://www1.nyc.gov/site/coronavirus/vaccines/covid-19-vaccines.page

https://www.governor.ny.gov/news/governor-cuomo-announces-additional-new-yorkers-individuals-75-and-older-can-begin-scheduling

https://www.nytimes.com/live/2021/01/26/world/covid-19-coronavirus

https://www.pbs.org/newshour/education/school-reopening-debate-tests-bidens-ties-with-teachers-unions