FLORENCE, S.C. (WBTW) — With Covid-19 vaccines coming soon, many may be wondering “Can my employer mandate that I take it?” “What if I say no?”
Florence Attorney Gary Finklea with Finklea, Hendrick & Blake, LLC, says employers do have the right to mandate anything they see reasonable for the workplace. However, employees also have rights.
Finklea states that in South Carolina, an employee can be fired for a good cause, no cause, or a cause that is morally wrong as long as you don’t violate federal law or discriminate based upon sex, age or religion.
“In fact, we already have that in many situations already in South Carolina and nationwide,” Finklea says.
But the next question may be, “What if an employer mandates an employee to take the vaccine and they have a bad reaction to it?”
“The employee can more than likely file a claim to the South Carolina Workers Compensation Act. So that is a way that the employee will get redressed from the employer mandating the vaccination,” Finklea continues.
He says his major concern lies within the time it took to push out a new vaccine.
“The gravity of the situation with a nationwide pandemic may outweigh the limited the number of adverse reaction cases that we’ve seen, but from a lawyers standpoint that’s probably one of my biggest concerns whether or not the test population is sufficiently broad enough before we introduce this and in particularly before we mandate it,” Finklea says.
Finklea also stated that he doesn’t believe that the push for a vaccine mandate will be an issue in South Carolina.