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Demotion as Constructive Discharge — employer requiring COVID vaccine exemption denied

Started by InsuranceGuy_FL · Jan 6, 2025 · 2,043 views · 19 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
IG
InsuranceGuy_FL OP

Quick background on my situation — any input appreciated.

employer requiring COVID vaccine exemption denied. I've been dealing with this for about 3 months now and the situation isn't improving.

I have worked at this company for 5 years. My position is non-exempt and I do not have a written employment agreement beyond the standard offer letter.

Do I have a strong case? What should my next steps be?

FT
first_time_creator_help

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

NH
need_help_investor_CA

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

FT
frustrated_trader_NY

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

CC
confused_contractor_IL

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

NH
need_help_tenant_today

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

SA
seeking_advice_renter_CA

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

NI
newbie_investor_GA

Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.

TL
Mod_TermsLaw Moderator

Licensed attorney — a few thoughts. Here's my take on the legal issues.

The key question is whether the applicable statute of limitations has run. Depending on your jurisdiction, you typically have the FLSA and state wage laws years for this type of claim.

The practical consideration here is cost vs. potential recovery. For disputes under $10K, small claims court is often the best route.

AF
asking_for_friend_worker_2023

NAL, but from what I've read, you should document everything. That said, definitely get a lawyer to look at the specifics.

RE
RemoteWorker_EU

Not a lawyer, but I have direct experience with this.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

NI
newbie_investor_CO

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

DF
desperate_freelancer_NC

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

SA
seeking_advice_seller_IL

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

AF
asking_for_friend_business_owner_GA

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

SM
SeniorDevMike_PDX

I've seen this play out several times in my field.

What worked for me was filing with the appropriate government agency. It took 4-8 months but was worth it.

CM
ContractorMike_CA

Not a lawyer, but I have direct experience with this.

What worked for me was having everything documented. It took 3-6 months but was worth it.

AF
asking_for_friend_worker_OH

Have you tried reaching out to your state's labor board? They sometimes have free resources or mediation services.

CS
confused_seller_MA

NAL, but from what I've read, you should send a written demand. That said, definitely get a lawyer to look at the specifics.

HM
help_me_investor_2022

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

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