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Quitting a Job Due to Vaccine Requirements? You Won't Be Eligible for Unemployment
As more companies mandate vaccines, it's important that employees understand the implications of not getting one.https://www.fool.com/the-ascent/personal-finance/articles/quitting-a-job-due-to-vaccine-requirements-you-wont-be-eligible-for-unemployment/
At this point, many people have been working remotely for a solid year and a half. But many companies are getting tired of that arrangement and are eager to bring workers back to the office in some capacity. Unfortunately, the Delta variant is throwing a wrench in the works. With COVID-19 cases soaring once again, employers need to take steps to protect their employees if they're going to require them to show up to an actual workplace. And to that end, many are requiring that employees get a COVID-19 vaccine before coming back to work. At first glance, that may seem like an infringement on individual rights. But actually, companies do have the right to mandate vaccines. And if you refuse to get one and are decide to quit your job or are terminated because of that, you may be in for a financial shock, because you won't be eligible for unemployment benefits.
Violating company policy means you're out of luck
To qualify for unemployment benefits, you'll need to have lost your job through no fault of your own. If your company struggles financially and has to downsize its staff, for example, that's a valid reason for getting unemployment. On the other hand, if you're fired from your job for consistently showing up late, that's a scenario where you're likely to be denied unemployment benefits. Similarly, any time you violate a company policy, it's grounds for termination. And if your company's policy is to require COVID-19 vaccines, and you don't get one, then you could be terminated and ineligible to receive any unemployment money.
The same holds true if you quit your job because you don't want to get vaccinated. With that said, companies that are requiring vaccines generally need to make exceptions for employees who can't get a jab for medical or religious reasons. In that situation, the burden will be on you to prove that you're exempt from your company's general policy. In that scenario, if you're terminated, you may have a right to unemployment benefits. You may also have a wrongful termination lawsuit on your hands. So in that case, speaking to an employment lawyer could be a good thing to do.
Know the rules
Unemployment benefits can be a financial lifeline when you lose your job, especially if you don't have any savings to fall back on. But if you refuse to get vaccinated and that violates your company's rules, you should be prepared for your unemployment claim to be denied. If your company is mandating vaccines and you really don't want to get one, but you also don't qualify for an exemption, then you might consider trying to negotiate a different arrangement with your employer. You may be given permission to work from home, if not permanently, then at least for the time being while the current outbreak is raging. Getting vaccinated is a sensitive issue and one that a lot of people feel strongly about. It pays to speak up for yourself if your company's vaccination policy doesn't align with your personal comfort level.
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13 replies
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Seems likely to me and I can even remember getting vaccines right in school - though I was a kid and don't know what they were. And when my friend returned to college a few years back, she had to get the MMR vaccine before she could attend classes - I drove her to get it. Seems to me that vaccines have always been required to keep ourselves and others safe - at least in my lifetime. 
When does one ever get unemployment if one quits? I believe you have to be terminated by the employer and even then it can be an uphill battle for benefits.
If you quit a job without good cause, you may not qualify for unemployment benefits.
https://www.nolo.com/legal-encyclopedia/unemployment-benefits-when-quit-32450.html
To collect unemployment benefits, employees must be out of work through no fault of their own. Workers who lose their jobs in a layoff are clearly eligible for benefits, as are most employees who are fired for reasons other than serious misconduct. (See Nolo's article Unemployment Benefits: What If You're Fired? for more information on this requirement.)
Can You Get Unemployment Benefits If You Quit?
Even employees who quit their jobs may be able to collect unemployment, but that depends on their reasons for leaving. In every state, an employee who voluntarily quits a job without good cause is not eligible for unemployment. But state laws vary as to how they define "good cause."
Unemployment Eligibility if You Quit Voluntarily
Even if you think you had a good reason to leave a job, that doesn't necessarily mean you had good cause in the eyes of the law. For example, it might make sense to leave a job that doesn't offer opportunities for advancement, but a worker who makes this choice won't be eligible for unemployment benefits. Similarly, some people quit their jobs because they find the work unfulfilling or they want to pursue an entirely different career path. These decisions may lead to a better qualify of life and higher job satisfaction -- but what they won't lead to is an unemployment check. In some states, former employees are eligible for benefits if they leave a job for compelling personal reasons -- for example, to relocate when a spouse gets a distant job or because a family emergency requires the worker to be home. In other states, benefits are available only if the employee's reasons for quitting are related to the job.
When Can You Quit Your Job and Still Receive Unemployment Benefits?
Here are some reasons for quitting that might entitle you to collect unemployment.
https://www.nolo.com/legal-encyclopedia/unemployment-benefits-when-quit-32450.html
To collect unemployment benefits, employees must be out of work through no fault of their own. Workers who lose their jobs in a layoff are clearly eligible for benefits, as are most employees who are fired for reasons other than serious misconduct. (See Nolo's article Unemployment Benefits: What If You're Fired? for more information on this requirement.)
Can You Get Unemployment Benefits If You Quit?
Even employees who quit their jobs may be able to collect unemployment, but that depends on their reasons for leaving. In every state, an employee who voluntarily quits a job without good cause is not eligible for unemployment. But state laws vary as to how they define "good cause."
Unemployment Eligibility if You Quit Voluntarily
Even if you think you had a good reason to leave a job, that doesn't necessarily mean you had good cause in the eyes of the law. For example, it might make sense to leave a job that doesn't offer opportunities for advancement, but a worker who makes this choice won't be eligible for unemployment benefits. Similarly, some people quit their jobs because they find the work unfulfilling or they want to pursue an entirely different career path. These decisions may lead to a better qualify of life and higher job satisfaction -- but what they won't lead to is an unemployment check. In some states, former employees are eligible for benefits if they leave a job for compelling personal reasons -- for example, to relocate when a spouse gets a distant job or because a family emergency requires the worker to be home. In other states, benefits are available only if the employee's reasons for quitting are related to the job.
When Can You Quit Your Job and Still Receive Unemployment Benefits?
Here are some reasons for quitting that might entitle you to collect unemployment.
Constructive discharge. Most states allow employees to collect unemployment if their work situation had grown so difficult that they were essentially forced to quit (for example, if you feel that quitting is the only option because of constant sexual harassment, dangerous working conditions that your employer refuses to remedy, or a manager's demands that you commit an illegal act). If a reasonable person in that situation would have found the working conditions intolerable, quitting most likely won't make you ineligible for benefits. Legally, constructive discharge is considered a form of wrongful termination, not a voluntary quit.
