Legal Advice

We asked about firing an employee who isn't vaxxed. Clayton Wire, an employment attorney with Denver’s Ogborn Mihm, LLP, answered.

Closeup of filling syringe with medicine from vial.
Taking a stand on employee vaccination? Be prepared to get creative with accommodations. / Copyright: belchonock

Q: Can you legally terminate an employee who isn’t vaccinated?

A: “The simple answer is yes, but the employer should have a clear policy that applies equally to everyone and allows reasonable accommodations for disability or religious beliefs. Reasonable accommodations could include wearing a face mask at work, social distancing, working a modified shift, COVID-19 testing…or even offering a reassignment. The Equal Employment Opportunity Commission’s revised guidance available at is really helpful here.”

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