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At some point early in your career, a coworker in a break room shares a tidbit that sticks in your mind forever. They mention that if you quit your job, you’re financially on your own. But if you get fired, you can get unemployment benefits to tide you over until you find your next paycheck.
That may be true in some cases. But there’s one big, new exception that could block your eligibility to get unemployment benefits: You get fired because you’re not vaccinated for Covid-19.
President Biden and OSHA have issued a federal vaccine mandate for private companies employing 100 or more workers which goes into effect on Jan. 4, 2022. Your city, state or employer may have already enacted a vaccination policy.
Here’s what you need to know about your unemployment eligibility if you opt out of getting vaccinated.
If an employer terminates you because you don’t follow its policies, it has “cause” to fire you. And if you’re fired “for cause,” you may be ineligible to claim unemployment benefits.
“Every state defines ‘for cause’ differently,” Mariel Smith, partner at law firm Hall Booth Smith, PC. “Most states have similar statutes that indicate if an employee is terminated for breaking company policy, the employee would be denied unemployment benefits.”
“In Texas, for example, you can be denied unemployment if you voluntarily resigned or are terminated for associated misconduct,” says Carrie Hoffman, partner at law firm Foley & Lardner, LLP. “Employers could argue that the refusal of the vaccine was a voluntary resignation or an involuntary termination for misconduct.”
If your employer’s vaccination policy and ramifications are clear, it’s best not to expect any leeway if you get terminated and try to apply for unemployment.
“I would caution employees against the notion that if they don’t quit, but stay and get fired, they can get unemployment. It’s very risky,” Smith explains.
Some states have made it clear that people terminated for not adhering to vaccination policies are likely precluded from receiving benefits. Oregon is one example of a state that has mandated health care, education, and government workers to get vaccinated. The head of the state Employment Department has said eligibility will be reviewed on a case-by-case basis, but those terminated by public or private employers for refusing to get vaccinated probably won’t be eligible.
When it comes to the new federal mandate, it’s not as cut and dry, Smith says. Some states may choose to grant unemployment benefits to people who get fired for not getting vaccinated, especially in those states that have said they’ll fight the federal mandate.
Legislators in several states have proposed making discrimination based on vaccine status illegal and guarantee access to unemployment benefits if a worker doesn’t comply with their employer’s vaccination policy.
Tennessee saw one such bill introduced in its Senate in February 2021 to prevent discrimination based on vaccination status. The bill would also ensure access to unemployment benefits for unvaccinated people who decide to leave their jobs, but it has not yet been considered in committee.
In Idaho, a bill passed the House to prohibit discrimination based on vaccination status. It has not been taken up in the Senate, where it has sat since February.
A bill in Michigan’s House of Representatives would prohibit employers from discriminating against employees who don’t get vaccinated. It was introduced in March, but not considered in committee.
In January 2021, Indiana’s General Assembly introduced a bill to prohibit mandatory vaccination in the workplace. Arizona sought to prohibit vaccination status as a condition of employment, but the proposal died in committee.
Smith says it’s unlikely that any laws like this get passed to protect workers who don’t want to get vaccinated.
“If in fact those types of laws are passed, it is completely opposite of the basic fundamentals of labor and employment law, that if you’re fired for cause, you can’t get unemployment,” she says.