A South Carolina hospital former employee filed a wrongful termination lawsuit against the company after it fired her for refusing a flu shot.
Pamela Crowe is a former employee of a South Carolina hospital. She refused to get a flu shot and was subsequently fired from her job. Crowe then took her case to court and has found victory almost three years later.
Crowe had personal reasons for not receiving the shot. Though she explained this to her employer, the company still decided to terminate her employment because she would not conform to its rules.
In 2001, Crowe’s nineteen year old daughter Nicole received a flu shot. She then became severely ill and developed multiple scleroses. Her doctor explained to Crowe that the flu shot that had been administered to Nicole was likely linked to her ailment. In 2007, Nicole died due to complications related to medicine that she had been taking for her condition.
Crowe and her doctor feared that there was a genetic explanation for the reaction that her daughter suffered from the shot. Because of this, Crowe did not want to receive the flu shot and risk her experiencing the same outcome that Nicole did.
The court ruled in favor of Crowe stating that her reasons to refuse the shot were understandable and rational. Therefore, her 2010 termination from AnMed Health in Anderson was wrong and she is entitled to receive full compensation and unemployment.
Crowe’s position at the hospital was administrative for the company, and she was never directly contacting with patients. This was found to be an additional aspect that made it allowable for Crowe to deny the flu shot.
Sometimes companies demand their employees to partake in mandatory actions. Often times they are standard and do not create rejection; however, sometimes they do infringe upon employees’ rights. In this instance, her right to deny the medication based on reasonable evidence was infringed upon and so appropriate justice was granted.
If you feel that you are being mistreated by your employer by harassment, denial of worker’s compensation or wrongful termination; contact the Accident Attorneys’ Group. Our members will assist you in filing the appropriate claims, seeking out the negligent parties and receiving adequate compensation for the damages that you suffered. Contact us today for a free consultation and allow us to help you take the first step toward recovery.
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