Refusing COVID Vaccine Mandate Doesn't Guarantee Unemployment Benefits
The Claim
You can collect unemployment if you are mandated to get vaccinated and refuse to do so.
News posted on
Emerging story
Some on social media are claiming that if your employer mandates vaccines, and you do not wish to receive a vaccine, it is better to be fired than to quit so you can collect unemployment benefits. One post was shared almost 6000 times.
Misbar’s Analysis
Misbar discovered that in most states, in order for employees to collect unemployment benefits, they must prove that they lost employment for no fault of their own. According to Marketwatch.com, “Typically, an employee who is terminated for failing to comply with company policies is not eligible for unemployment benefits, which would include refusing to comply with a company’s COVID-19 prevention policies, masking requirements or vaccine requirements.” However, according to the same source, an employee who has proof of a medical exemption or religious objection to receiving a COVID-19 vaccine may still be eligible to collect unemployment benefits if fired.
In Michigan, an ABC affiliate investigated this issue and found the following: “Unemployment benefit determinations are made on a case-by-case basis. The Unemployment Insurance Agency looks at each individual application and conducts an analysis of the facts – including whether the employee's refusal to get a COVID vaccine falls under Section 29(1)(b) of the Michigan Employment Security Act (which covers the termination of a worker due to misconduct) – before making a final decision regarding eligibility. Generally, as provided by the U.S. Equal Employment Opportunity Commission, employers may have the right to require employees to be vaccinated against COVID-19 with limited exceptions.”
Some of those who are mandating vaccines for employees have included exemptions for compliance. For example, in California is requiring healthcare workers to be vaccinated by September, 30, 2021, but have included two exceptions: religious beliefs or a qualified medical condition. Staff who refuse to get the vaccine based on either will be excused according to NPR.org.
According to Rebecca Dixon, Executive Director at the National Employment Law Project, a nonprofit that advocates for worker’s rights, “An employee who has proof of a medical exemption or religious objection to receiving a COVID-19 vaccine may still be eligible to collect unemployment benefits if fired.”
