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Employment Separation Letter

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Is it considered in MD Gross Misconduct if you refused to take the seasonal flu shot?

I am RN licensed in the state of MD. I was fired for refusal to take seasonal flu vaccine, after presenting religious documentation for exemption, which was denied. I applied for unemployment and was refused. My former employer stated that I had failed to follow instructions and that I was terminated for GROSS MISCONDUCT. I don't understand, Maybe than can say Non Compliance, but certainly not GROSS MISCONDUCT.. I performed my job in perfectly and had I taken the shot, would still be with the company. Is this legal and is this defamation of character. I cannot collect my unemployment and what bearing will this have on current employment. Coincidentally.. My former employer was served with a demand letter from my attorney for mediation on severance pay, benefits/insurance and amicable separation as opposed to termination prior to this notification from unemployment. Looking for some insight or anyone who has experienced this.

You question pertains to unemployment law in the state of Maryland.

The law does not specifically say that refusing vaccination as a health care worker is "gross misconduct." But it does not have a strict definition and is open to interpretation. You need to appeal and contest this designation by your former employer, and you need to do so with the Unemployment agency sooner than later.

Falsely accusing a former employee of gross misconduct is defamation in the state of Maryland. I have seen companies be sued successfully for slandering former employees in this way.

Maryland health laws do not directly require health care workers to be vaccinated, but most every individual company has rules to this end. They are legally allowed to dismiss employees with direct patient contact for refusing vaccines or require unvaccinated workers to stay away from patients or wear masks. Patient safety always trumps the matter, because the flu can kill patients.

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