Can you qualify for unemployment benefits if you were fired for refusing to get vaccinated against COVID-19

As more employers require employees to get the COVID-19 vaccine, some employees may be reluctant to get it. If this leads to the fact that the company will fire the employee, will he be eligible for unemployment benefits, the publication found out important.

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“The question is whether the employer actually gives you a specific instruction or mandate and you refuse it and get fired for insubordination. Insubordination is one of eight reasons you won't get unemployment benefits, at least in Indiana,” said attorney Samuel Bolinger.

In his 30-year career, he said, he has never won a case where an employee lost his job because of insubordination. Insubordination is when someone refuses a direct order or command. Bollinger added that this is the hardest to dispute.

“In these cases, the Department of Labor sides with the employer,” Bolinger said.

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According to the Department of Human Resources Development (DWD), each case will be decided on the basis of individual facts.

In general, it can be said that if an employer has a rule that is consistently applied and related to the needs of the business, and has reasonable medical or religious exceptions, then a laid-off worker will not be eligible for unemployment insurance.

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Bolinger added that equal employment opportunities laws do not prevent companies from providing incentives to voluntarily submit vaccination records.

“If you get vaccinated and your employer gives you a $25 gift card to your favorite diner, that's one thing,” Bolinger said. “But if an employer promises something like a car, that is considered a very large incentive that can make the employee feel pressured to disclose protected information.”

If an employee provides information about his / her vaccination status, it should be kept confidential.

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