The Biden administration introduced a vaccine mandate that would require businesses with over 100 employees to ensure all workers are fully vaccinated or subjected to weekly tests by January 4, 2022. This mandate would cover two-thirds of US employees While this requirement has been suspended by the Occupational Safety and Health Administration, some employers are in a position to legally terminate employee contracts on the basis of vaccine refusal.

Many organizations have implemented and enforced vaccination requirements of their own. For example, in early October, California-based Kaiser Permanente put the 2,200 employees that refused to comply with the company’s vaccine requirements on unpaid leave. According to the White House , rules like these across the nation have increased vaccination rates by over 20 percent.

Vaccination mandates are an evolving issue, but the question begs: What happens if you refuse to take up the vaccine? Can you still receive unemployment insurance in California? I recently touched on this issue in a CNET article – let’s dig a little deeper here.

What is unemployment insurance?

Unemployment insurance (UI) – also known as unemployment benefits – is a program that provides income support for eligible people who have lost their job through “no fault of their own.” These five words are important, and we’ll touch on them again. But for now, let’s take a closer look at the eligibility criteria.

To apply for unemployment insurance , you must:

• Be unemployed (fully or partially)
• Be able to work
• Be prepared to accept work as soon as it's available to you
• Have earned the required amount of wages

 In California, the state’s Employment Development Department (EDD) handles unemployment benefits claims. According to a spokesperson , benefits are awarded on a case-by-case basis, and the department conducts phone interviews with both the claimant and employer before making a decision.

If you quit your job, you may still be eligible for UI. However, you must prove that you had a “good cause for leaving” and made “all reasonable attempts” to hold onto your job, as outlined by the EDD.

UI eligibility and the COVID-19 vaccine

So, what does all this mean if you refused your company’s vaccine mandate?

There are still uncertainties, but generally speaking, you are likely ineligible for UI if you resign or are fired because you refused the COVID-19 vaccine. It comes down to those five words – “no fault of their own.” From your employer’s perspective, failing to comply with a vaccine mandate could be seen as a choice, and therefore, it’s your “fault.”

What if I have a legitimate reason for refusing to comply with employer-mandated vaccination?

Even with a legitimate reason for non-compliance, you are not guaranteed an exemption or unemployment benefits. Your employer could build a defense against you that claims accommodating your medical needs or religious views would result in an undue hardship for the company.

While exemptions will be handled on a case-by-case basis, some states have spoken up on the matter. The New York Department of Labor , for example, has stated that employees in the education and healthcare sectors who refuse vaccine mandates are ineligible for benefits.

Here in California, the validity of vaccine exemptions has been put under a microscope after the state became the first in the nation to announce COVID-19 vaccine requirements for schools The announcement included a loophole – children could be granted exemptions if they and their family hold religious beliefs.

Similarly, the Los Angeles fire department filed over 450 vaccine exemption requests. One-quarter of the Beverly Hills fire department requested exemptions, too. In San Francisco, around 800 city workers have asked for exemptions. Whether or not these will be granted is yet to be seen, and there’s no definitive answer as to those employees’ UI eligibility status. 

I was fired for not getting vaccinated. Now what?

First, consider whether your state, industry, or company has a vaccine requirement. If your contract is terminated for refusing to comply with an official mandate, you may not be eligible for benefits. However, it’s worth checking if you qualify for an exemption – there is no hard and fast rule, and your outcome will depend on your specific circumstances.

You can apply for unemployment insurance with your state's Unemployment Insurance Office – you can find your local office's contact information here.

If you apply for benefits and your employer challenges your claim, you could end up in court. Keep this in mind, as you’ll need an attorney to guide your next steps and potentially file an appeal.

Get expert guidance

If you quit or were fired for failing to conform to your employer’s vaccine mandate and have a legitimate reason for exemption, you may be entitled to unemployment benefits. Contact us today to arrange your confidential consultation, where our experienced attorneys will assess the facts of your case and map the best path forward.

We are not here to judge you and your beliefs. Instead, our job is to ensure your employer abides by the law, even when the lines are blurred.

Schedule your one-on-one consultation today by visiting our contact page.