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What does withdrawal of vaccine mandate mean for unvaccinated who were fired?

According to labor attorney Tad Delegal, he doesn't think those fired can demand their jobs back because the federal mandate trumped state law at the time.

JACKSONVILLE, Fla. — Effective Wednesday, COVID-19 vaccines are no longer federally mandated at large companies. It comes after the Occupational Safety and Health Administration withdrew the mandate.

According to labor and employment attorney Tad Delegal, this doesn't necessarily mean those who were fired for not getting vaccinated when the mandate was in place can demand their jobs back.

"I don't think there would be rights of any individuals who were terminated before Jan. 13 to bring any action or to contest the termination," he said.

Before Jan. 13, the federal mandate trumped the state statute, according to Delegal. However, the Supreme Court blocked OSHA's mandate that required employees at companies with 100 people or more to get vaccinated, or submit to weekly COVID tests. The justices concluded the agency overstepped its authority.

"After that time [Jan. 13], if they lost their jobs, and certainly since the federal government withdrew the the OSHA standard, if somebody loses their jobs, there is a way to, you can't sue, but you can make a complaint to the Department of Legal Affairs," Delegal said. 

"The Department of Legal Affairs has the ability to investigate, require reinstatement and back pay, and also can impose a fine against the employer," he said.

RELATED: Florida reports 10,288 COVID-related hospitalizations, new cases trend down

The federal mandate is gone, but Delegal said private employers can still require their employees to get vaccinated. They must offer opt out options, however.

"With regard to the ways you can opt out, not only can you have a religious exemption or medical exemption under Florida law, but also if you have a documentation of immunity based on previous COVID status, or a statement that you're going to have continued testing. And then also it has a provision that says you can opt out if you agree to use personal protective equipment, PPE, that the employer provides," Delegal said. 

In a statement announcing the mandate withdraw, OSHA said it still strongly encourages employees to get vaccinated. The statement also said it is finalizing a permanent COVID healthcare standard. 

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