New Jersey Healthcare Blog
Just another WordPress site
Appellate Division Holds that Nurse who Refused Flu Vaccine was Improperly Denied Unemployment Benefits
June 10, 2014 | 27 Comments
Posted by Beth Christian
Efforts by health care related employers to mandate flu vaccination for all of their employees appears to have suffered a setback in New Jersey. Last week, the Appellate Division issued its decision in Valent v. Board of Review, Department of Labor and Hackettstown Community Hospital and reversed the denial of unemployment benefits for a nurse who was fired after she refused to undergo flu vaccination. The Hospital had issued a mandatory flu vaccination directive, which required vaccination by all employees unless there was a documented medical or religious exemption request submitted by an employee. A nurse who was employed full time at the Hospital refused to be vaccinated for the flu, but did not allege an exemption based on medical or religious grounds. Thereafter, the Hospital terminated the nurse’s employment based upon her refusal to be vaccinated. When the nurse applied for unemployment compensation benefits, the Hospital opposed her application. After her claim for unemployment benefits was denied, the nurse sued the Department of Labor and the Hospital, alleging that allowing a religious-based exemption and not a secular one violated the plaintiff’s constitutionally protected right to freedom of expression under the First Amendment of the Constitution.
The Appellate Division held that the nurse should have been awarded unemployment compensation benefits. The court found that by exempting employees who can produce religion-based documentation, the Hospital employer’s flu vaccination policy was not exclusively driven by health-related concerns. The Appellate Division found that denying the nurse’s application to receive unemployment benefits based only on her unwillingness to submit to the employer’s religion-based policy violated the nurse’s rights under the First Amendment. The Appellate Division also found that the employer did not produce evidence showing that the nurse’s refusal to comply with its flu vaccination policy for purely secular reasons adversely impacted the Hospital or otherwise undermined the nurse’s ability to perform her job duties. Therefore, the employer did not prove that the nurse was guilty of misconduct which would have disqualified her from receiving unemployment compensation benefits.
Comments
27 Responses to “Appellate Division Holds that Nurse who Refused Flu Vaccine was Improperly Denied Unemployment Benefits”
Leave a Reply
Add Web Slice
Join our Mailing List
Subscribe to Our Feed
May 26th, 2023 @ 11:49 am
Appellate Division Holds that Nurse who Refused Flu Vaccine was Improperly Denied Unemployment Benefits : New Jersey Healthcare Blog
https://filipinotimes.net/entertainment/2018/09/26/heart-evangelista-replies-basher-says-looks-old-classy-response/
May 26th, 2023 @ 3:36 pm
orlistat pills for sale
May 27th, 2023 @ 3:23 am
tadacip 20 mg price in india
May 27th, 2023 @ 1:36 pm
cheap generic lexapro online
May 27th, 2023 @ 6:23 pm
drug furosemide 20 mg
May 28th, 2023 @ 9:03 am
Later that similar year, the ckty itself hhad tto gget state approval
to develo a pre-K next to the New York Hall of Science in tthe
park.
My web page – 카지노사이트
May 28th, 2023 @ 7:30 pm
canadian pharmacies comparison
May 29th, 2023 @ 4:42 am
trental 400 mg online
May 29th, 2023 @ 1:58 pm
synthroid mcg
May 29th, 2023 @ 8:57 pm
where to buy tadacip
May 30th, 2023 @ 6:44 am
diflucan mexico
May 30th, 2023 @ 7:13 am
I was suggested this blog by my cousin. I am not sure
whether this post is written by him as no one else know such detailed about my difficulty.
You’re amazing! Thanks!
May 30th, 2023 @ 5:47 pm
synthroid 88 lowest cost
May 30th, 2023 @ 10:23 pm
diflucan.com
May 31st, 2023 @ 2:21 am
robaxin prescription medication
May 31st, 2023 @ 5:26 am
vermox online sale usa
May 31st, 2023 @ 5:58 am
buy diflucan over the counter
May 31st, 2023 @ 7:08 am
diflucan 50
May 31st, 2023 @ 12:48 pm
Appellate Division Holds that Nurse who Refused Flu Vaccine was Improperly Denied Unemployment Benefits : New Jersey Healthcare Blog
https://raselprint.com/laminate-and-cellophane/
May 31st, 2023 @ 1:55 pm
order prozac
June 1st, 2023 @ 7:15 pm
viagra for sale in australia
June 1st, 2023 @ 8:25 pm
xenical cost uk
June 2nd, 2023 @ 3:33 am
cheapest pharmacy to fill prescriptions with insurance
June 2nd, 2023 @ 6:36 am
otc valtrex for sale
June 2nd, 2023 @ 1:02 pm
online pharmacy price checker
June 2nd, 2023 @ 3:53 pm
furosemide 40 mg canada
June 2nd, 2023 @ 5:38 pm
lyrica price in india