Daycare Liability For Negligence

One of the hardest decisions you’ll ever make is choosing a daycare you can trust. It’s already a big change for both you and your child learning about this strange new place, meeting new people, and having new experiences as a personal injury lawyer knows all too well.

You’re not just picking a place for your child to go during the day — you’re putting your child’s safety in someone else’s hands. You pray for the best, but despite your best efforts, sometimes things go wrong. So, what happens when your child gets hurt while at daycare?

Daycares have a legal duty to keep children safe. If a daycare fails to meet that duty and your child is hurt as a result, you may be able to hold them legally responsible.

1. What Is Daycare Negligence?

Daycare negligence occurs when a childcare provider fails to take reasonable steps to ensure your child’s safety — and it leads to injury or harm. This can happen in a number of ways.

Common Examples Of Daycare Negligence:

  • Lack Of Supervision: A toddler’s finger gets smashed in a door by another child because the caregiver stepped out of the room to take a phone call.
  • Hazardous Playgrounds: A child falls off a rusty piece of playground equipment that is not age appropriate onto an improperly padded surface and hits her head suffering a serious concussion.
  • Dangerous Conditions: Cleaning chemicals are left under a sink in reach of children, and a child ingests a toxic substance.
  • Improper Food Handling: A child with a known peanut allergy is given a snack containing peanuts, despite parents notifying the daycare in writing.

Unfortunately, each of these examples has happened. Let’s be clear, no matter what the daycare tells you after the fact, these are not accidents, this is neglect. If something like this occurs, it reflects a failure to follow basic safety rules, and if those rules were followed your child may not have been injured. And under most state laws, if your child is hurt because of this kind of carelessness, you may have grounds for a daycare injury lawsuit as our friends at Mickey Keenan P.A. can share.

2. Who Can Be Held Responsible?

When a daycare injury occurs, it’s not always obvious who’s legally responsible. That’s where an experienced child injury attorney comes in —we help investigate if the daycare violated any safety standards, and if so, who should be held accountable.

Possible Liable Parties:

  • The Daycare Owner Or Facility: If the daycare cut corners on staffing or ignored safety regulations.
  • Private VPK Teachers And Administrators: Often they are bound by the same if not more stringent safety standards.
  • Employees Or Caregivers: If a caregiver left children unsupervised or acted inappropriately.
  • Maintenance Contractors: If a third-party repair person installed unsafe equipment that led to injury.

Example:

Let’s say a daycare hired a playground company to install a new slide, and the slide was installed incorrectly. A child slips off the side and fractures a leg. In this case, both the daycare and the contractor may share liability. These cases can be complex, which is why having a personal injury attorney is so important.

3. What Should You Do If Your Child Is Injured?

If your child was hurt at daycare and you suspect negligence, take these steps as soon as possible:

  1. Get Medical Help Right Away: Always put your child’s health first. Visit the doctor or ER and keep all records.
  2. Document The Injury: Take photos of injuries, save clothing, and write down your version of events while it’s fresh.
  3. Request An Incident Report And/Or Video: Ask the daycare for a written report and details of how they say the injury happened. If the daycare has cameras, make sure to ask to have them send you the video and keep that until the incident has been fully addressed or until you hire an attorney. Note: If the daycare refuses to give you the video or incident report, make sure to give them a notice in writing (think email) that you want the video from the entire day preserved. I have seen videos go missing, or have technical malfunctions at key moments. The importance of this evidence can’t be overstated, so you should take extra steps to make sure you tell the daycare in writing that you want them to preserve the evidence immediately. (This is one reason of many why you should skip ahead to step #5 quickly, because a skilled lawyer will make sure to request preservation of this evidence in a formal manner.)
  4. Report The Incident: File a complaint with the Florida Department of Children and Families (DCF).
  5. Call A Personal Injury Attorney: A lawyer who handles daycare negligence in Florida can help preserve evidence and guide your case.

Real-Life Example:

A 3-year-old suffered a concussion when she fell off a climbing structure with no padding underneath. The daycare didn’t meet the state’s safety regulations for fall zones. A lawyer helped the family file a claim and recover compensation for medical bills and emotional trauma.

Daycares are supposed to be safe, nurturing environments — but accidents caused by negligent daycare staff are far too common. If your child has been hurt, don’t brush it off. These injuries can have long-term effects on a child’s health and well-being.

You’re not just protecting your child by speaking up — you’re also helping hold careless daycare providers accountable, which can prevent future harm to others.

If your child was injured at daycare, and you believe negligence was involved, contact a lawyer today for a consultation with a trusted daycare injury lawyer. They will review your case, answer your questions, and help you take the next step toward justice.

Your child deserves to be safe. Lawyers are here to help make that happen.

How A Criminal Attorney Can Help You

Facing criminal charges can be one of the most stressful and frightening experiences in a person’s life. Whether you’re accused of a misdemeanor or a felony, the legal system can be overwhelming, confusing, and unforgiving as a wrongful death lawyer knows all too well. That’s where a criminal defense attorney comes in. They play a critical role in protecting your rights, building your defense, and helping you navigate a path forward. Here’s how a criminal defense lawyer can help you if you’re charged with a crime.

1. Protecting Your Constitutional Rights

A good defense attorney knows your rights inside and out and will ensure that those rights are respected at every stage of the legal process. This includes the right to remain silent, the right to an attorney, and the right to a fair trial. If law enforcement oversteps — such as conducting an unlawful search or failing to read you your Miranda rights — a defense attorney can challenge the admissibility of that evidence.

2. Providing Legal Guidance

The criminal justice system is full of complex rules, procedures, and deadlines. A defense attorney helps you understand the charges against you, the potential consequences, and your legal options. Whether it’s negotiating a plea deal or preparing for trial, they can explain what each choice means and what strategy gives you the best chance of a favorable outcome.

3. Building A Strong Defense

An experienced defense attorney will thoroughly investigate your case. This might involve reviewing police reports, interviewing witnesses, analyzing evidence, and identifying inconsistencies in the prosecution’s case. They know how to spot weak spots and use them to your advantage. A strong defense can lead to reduced charges, a dismissal, or even an acquittal at trial as our friends at Garrett, Walker, Aycoth & Olson, Attorneys at Law can explain.

4. Negotiating Plea Deals

In many cases, prosecutors are open to negotiating a plea agreement. A criminal defense lawyer can often negotiate better terms than a defendant would get on their own. This might mean reducing a felony to a misdemeanor, avoiding jail time, or entering a diversion program that results in the charges being dropped after completion.

5. Representing You In Court

If your case goes to trial, having a skilled trial attorney is essential. They’ll present evidence, cross-examine witnesses, object to improper procedures, and make compelling arguments on your behalf. Even outside the courtroom, your attorney will handle pre-trial motions, evidentiary hearings, and other critical legal procedures.

6. Minimizing Long-Term Consequences

A criminal conviction can have long-lasting consequences beyond fines and jail time. It can impact your employment, housing, immigration status, and more. A criminal defense attorney’s job isn’t just to win your case — it’s also to minimize the damage to your future. They can help with post-conviction relief, expungement, or record sealing, where available.

Hiring a criminal defense attorney is one of the most important steps you can take if you’re facing criminal charges. They are your advocate, your strategist, and your protector throughout the process. No matter how serious the charge, having the right attorney in your corner can make all the difference in securing your freedom and protecting your future. Contact a lawyer near you for help.

Working With A Car Accident Lawyer

When you’re involved in a car accident and need legal guidance, partnering with our knowledgeable Everett, WA car accident lawyer can be a pivotal step toward securing the compensation you deserve to help you recover from your injuries or other damages. At Deno Millikan Law Firm, PLLC, we’ve been serving the Snohomish County community since 1969, providing personalized and effective legal representation to our clients. Here’s what you can expect when working with us.

Initial Consultation

Your journey begins with a free initial consultation. During this meeting, we’ll listen to your account of the accident, assess the details, and discuss potential legal avenues. This session allows us to understand your situation thoroughly and offers you the opportunity to ask questions about the process ahead. This step lays the foundation for everything that follows.

Case Evaluation And Investigation

Once you decide to proceed, our team will conduct a detailed evaluation of your case. This includes collecting police reports, reviewing medical records, speaking with witnesses, and analyzing available traffic footage. As your vehicle collision lawyer, we aim to present a clear and persuasive claim that outlines liability and damages in full.

Communication With Insurance Companies

Insurance companies can be difficult to deal with when you’re recovering from a crash. As your auto accident lawyer, we take over all communication with insurers to help you avoid unnecessary stress. Our experience allows us to handle their tactics while working toward a settlement that reflects the true value of your losses.

Medical Treatment Coordination

Getting proper care is essential after a vehicle accident. Whether you walk away from the crash with minor cuts and bruises or more serious injuries like broken bones or head trauma, we help connect you with medical professionals and track your treatment progress. Clear documentation of injuries and recovery plays a key role in determining your case’s value. This step is especially important for those working with our car wreck lawyers to pursue compensation for long-term or severe injuries.

Negotiation, Settlement, And Litigation

Our dedicated legal team is ready to negotiate on your behalf for a fair settlement. If a settlement that accurately reflects your damages isn’t offered, we are prepared to move your case to trial and represent you in court. As your trusted Everett car accident lawyers, we stay by your side through every stage of the legal process, making sure your case gets the representation it deserves and you receive the compensation you’re entitled to after your accident.

Ongoing Support You Can Rely On

We take pride in offering personalized service for every one of our clients. Each case is different, and our approach reflects that. Our firm values transparency, responsiveness, and clear communication, making sure you’re never left in the dark about your own case. If you’ve been injured in a car accident and need reliable representation, don’t wait. Contact Deno Millikan Law Firm, PLLC today to schedule your free consultation with one of our Everett car accident attorneys. We’re ready to help you move forward.

Signs You May Need A Personal Injury Lawyer

Accidents happen every day, but not every situation requires legal help. However, when an injury results in medical bills, lost income, or ongoing pain, consulting a personal injury lawyer may be the best step forward. Recognizing when legal representation is necessary can help protect your rights and ensure you receive the compensation you deserve.

Your Injuries Require Medical Treatment

If your injuries required medical attention, whether through an emergency room visit, surgery, or ongoing treatment like physical therapy, legal representation may be necessary. Medical costs add up quickly, and you should not be responsible for expenses caused by someone else’s actions. Insurance companies may try to offer a quick settlement that does not cover the full cost of your treatment. An attorney can help assess whether the amount offered is fair based on your current and future medical needs.

You Are Facing Significant Financial Loss

Lost wages can be a major concern after an injury. If your condition prevents you from working, even temporarily, the financial strain can become overwhelming. In cases where your earning ability is permanently affected, legal representation can help recover compensation for lost income and future earnings.

The Insurance Company Offers A Low Settlement

Insurance companies are focused on minimizing payouts. They may offer a settlement that does not fully cover medical expenses, lost wages, or other damages. If an insurance adjuster pressures you to accept an offer quickly, it may be a sign to seek legal counsel. Attorneys like those at Kantrowitz, Goldhamer & Graifman, P.C. can attest to the importance of having a lawyer review any settlement before you agree to it.

Fault Is Being Disputed

If there is any disagreement about who is responsible for the accident, legal assistance can be beneficial. When liability is unclear, insurance companies may try to reduce or deny compensation. A skilled professional can gather evidence, review reports, and speak with witnesses to build a strong case.

You Are Being Blamed For The Accident

It is not uncommon for the at-fault party or their insurance company to shift blame. If accusations of shared or full responsibility arise, it is important to have legal support. Comparative fault laws in some states can reduce your compensation if you are found partially responsible. A legal professional can help defend against unfair claims and protect your rights.

The Accident Involves A Commercial Vehicle Or Business

When an injury involves a business or commercial entity, the legal process can become more challenging. Companies often have legal teams working to protect their interests, and they may try to minimize their responsibility. In these situations, having your own legal representation can help level the playing field.

Your Injury Will Have Long-Term Effects

Some injuries lead to ongoing medical treatment, rehabilitation, or permanent disability. If your quality of life is affected, legal action may be necessary to secure compensation for future care, lost earning potential, and pain and suffering. A settlement should account for both immediate and long-term needs.

Contact An Attorney Today

Recognizing the need for legal representation is important after an injury. If you are dealing with medical expenses, lost income, or disputes over fault, speaking with a lawyer can help protect your rights. Personal injury lawyers discuss how legal support can make a difference in securing fair compensation. Taking action early can improve the chances of a favorable outcome.

5 Top Mistakes To Avoid After A Car Accident

A car accident can be a shocking and overwhelming experience, and the actions we take afterward can have a big impact on how we recover, both physically and financially. Our friends at Cohen & Cohen discuss the common mistakes to avoid, helping you protect your rights and strengthen your claim.

When the dust settles after an accident, it’s tempting to focus on moving forward as quickly as possible. But rushing through the process or skipping important steps can leave us with less compensation than we deserve. Being aware of these pitfalls can make all the difference.

Not Reporting The Accident

One of the biggest mistakes we can make after a car accident is failing to report it to the authorities. Even if the damage seems minor or the other driver insists it isn’t necessary, filing a police report is crucial. This document creates an official record of the accident, which can be invaluable later when dealing with insurance companies or pursuing legal action.

Without a police report, it becomes our word against the other driver’s, and proving what happened can be much more difficult. If we’re injured or the property damage is significant, the absence of an official report could weaken our case.

Failing To Gather Evidence

In the moments after an accident, it’s easy to feel flustered and overwhelmed. But skipping the step of gathering evidence can be a costly mistake. Photos of the scene, including vehicle damage, road conditions, and visible injuries, can serve as critical evidence.

It’s also important to get contact information from the other driver, any witnesses, and even first responders who were on the scene. The more information we can collect, the stronger our claim will be.

For example, we once worked with someone who had been rear-ended at a stoplight. The at-fault driver initially admitted fault but later changed their story. Because the injured party had taken photos of the damage and obtained witness statements, we were able to present a solid case for compensation.

Delaying Medical Attention

Another common mistake is delaying medical attention. Some injuries, like whiplash or internal trauma, may not be immediately apparent after an accident. By waiting to see a doctor, we risk two things: worsening our injuries and weakening our claim.

Insurance companies often argue that delayed treatment is a sign that injuries aren’t serious or weren’t caused by the accident. Seeking prompt medical attention not only protects our health but also establishes a clear link between the accident and our injuries.

Accepting A Low Settlement Offer

Insurance companies may offer quick settlements to close cases as efficiently as possible. While it can be tempting to accept an offer and move on, these settlements often fail to cover the full extent of our damages.

For instance, an initial offer might address immediate medical bills but fail to account for ongoing treatment, lost wages, or the emotional toll of the accident. By accepting a low settlement, we might miss out on the full compensation we deserve. Consulting a personal injury lawyer can help us evaluate offers and understand whether they reflect the true value of our claim.

Admitting Fault Or Downplaying The Incident

In the heat of the moment, it’s natural to want to smooth things over, especially if the other driver is upset. However, admitting fault or downplaying the incident can hurt our case later. Even saying something as simple as “I’m sorry” can be interpreted as taking responsibility for the accident.

Instead, it’s best to stick to the facts. Provide the necessary information to law enforcement and insurance companies, but avoid speculating about fault or making statements that could be.

Recovering from a car accident isn’t just about repairing our vehicle or healing from injuries. It’s also about holding the right party accountable and securing the compensation we need to move forward. By avoiding these common mistakes and taking the proper steps after an accident, we can strengthen our claim and protect our future.

When in doubt, seeking legal guidance from a personal injury lawyer can provide clarity and support during what can be a challenging time. It’s about making sure we’re in the best position to recover fully—both physically and financially.

Proving Fault In A Car Accident

After a car accident, determining who is at fault is a critical step in building a strong case to support your needs. If you’re facing this situation, our Everett, WA car accident lawyer can guide you through the process of establishing liability. At Deno Millikan Law Firm, PLLC, our clients benefit from decades of legal experience, a strong commitment to community values, and a personalized approach to every case. Reach out today to discuss your situation and explore your options.

What It Means To Prove Fault In An Accident

Proving fault in a car accident case means demonstrating that one party’s negligence or wrongdoing caused the crash and the resulting damages. However, fault isn’t always clear-cut; multiple factors may come into play, such as driver error, road conditions, and vehicle defects.

For example, a driver may be deemed negligent if they violated traffic laws, such as running a red light, speeding, or failing to yield. Using a phone, eating, or engaging in other distractions while driving can also shift fault onto the driver. If the driver was operating the vehicle under the influence of alcohol or drugs, they will often be held liable due to impaired judgment and reaction times. Alternatively, if the accident resulted from a vehicle defect, liability might extend to manufacturers, mechanics, or other third parties responsible for maintaining the car.

Collecting Evidence And Dealing With Insurance Companies

Collecting the right evidence is essential to strengthening your case and effectively proving fault. Evidence commonly used in car accident cases includes police reports, witness testimonies, video evidence (such as traffic camera footage), and photographs of the accident scene, vehicle damage, and physical injuries.

It’s important to provide sufficient evidence to support your claim because insurance companies will often attempt to shift blame or downplay the severity of injuries in order to minimize payouts. Working with our skilled car accident attorneys can help you counter these tactics and make sure that the evidence you submit will prove valuable to your case.

How We Can Strengthen Your Case

Our experienced personal injury lawyers will analyze the available evidence to build a strong case on your behalf. We will handle all communications with insurance companies, allowing you to focus on recovering. In addition, we will make sure that all legal documents are filed correctly and on time, which is especially important given Washington’s three-year statute of limitations for personal injury claims.

Our team understands the financial and emotional toll car accidents can bring, and we work tirelessly to help our clients achieve fair outcomes in these cases. Whether negotiating settlements or representing clients in court, our attorneys are dedicated to serving Everett and Snohomish County’s car accident victims.

Why Trust Us

Since 1969, we’ve prided ourselves on delivering comprehensive legal support to car accident victims and helping community members in need. If you’ve been involved in a car accident and need guidance on proving fault, contact Deno Millikan Law Firm, PLLC today to schedule a consultation. We can help you every step of the way to make sure you recover the compensation you deserve.

Top Causes Of Truck Accidents

Truck accidents can result in disastrous consequences, but they can be avoided. Recognizing the causes of such incidents can help drivers take preventive action to avoid injuries and property damage. Review the following causes of truck accidents to learn how to maintain safety on the roads. For those who have been impacted by a truck accident, our Everett, WA truck accident lawyer at Deno Millikan Law Firm, PLLC can help you build your case and fight for fair compensation.

Struggling To Stay Awake On The Road

Fatigue is a major factor in truck accidents. Truck drivers often work long hours under tight schedules, which can quickly lead to exhaustion and slower reaction times. Despite federal regulations limiting driving hours, pressure to meet delivery deadlines sometimes causes drivers to push their limits, increasing the risk of accidents.

While most truck drivers prioritize safety, some may engage in illicit drug or alcohol use, often in an effort to stay awake after driving for long hours. Driving under the influence of drugs or alcohol impairs judgment, reaction time, and coordination, endangering everyone on the road. Even legal energizers like caffeine and energy drinks can inhibit reaction time.

Engaging In Reckless Driving Habits

Whether it’s using a cellphone, adjusting GPS devices, or eating while driving, distractions can divert a truck driver’s attention from the road. Given the size and weight of trucks, even a momentary lapse in focus can result in devastating crashes.

In addition to distractions, speeding and reckless driving are dangerous behaviors that often contribute to truck accidents. Truck drivers operating their vehicles at high speeds may struggle to stop in time to avoid a collision. Reckless maneuvers, such as aggressive lane changes or tailgating, also pose significant risks on busy Everett roadways. If you notice a truck swerving or driving dangerously, it’s important to keep your distance to avoid a crash.

Failing To Prioritize Vehicle Maintenance

Trucking companies and drivers are responsible for maintaining their vehicles to make sure they are safe for the road. Neglected maintenance—such as worn tires, failing brakes, or burned-out lights—can easily lead to accidents. Routine inspections and timely repairs are critical to preventing mechanical failures that could result in collisions.

When combined with the frequent rain and fog Washington experiences, improper vehicle maintenance can create hazardous driving conditions. Trucks require more time and distance to stop than smaller vehicles, and slick roads can make it harder to maintain control. Drivers who fail to adjust their driving to account for weather conditions put themselves and others at risk.

Driving With Limited Experience

Driving a large truck requires specialized training and experience. Inexperienced truck drivers may not secure cargo properly, or they may overload their vehicle, which can destabilize the truck and make it harder to control, especially during turns or abrupt stops. Federal regulations outline weight limits and securement practices, but violations still occur and often lead to preventable crashes.

Inexperienced drivers may also struggle with maneuvering tight turns, maintaining proper speeds, or quickly reacting to unexpected hazards. Proper training is vital to reducing the risks posed by new drivers on the road.

Seek Help After A Truck Accident

If you or a loved one has been involved in a truck accident, our experienced lawyers can guide you through the process of holding negligent parties accountable. Contact Deno Millikan Law Firm, PLLC to schedule a consultation and learn how we can help with your case.

Maintaining Pedestrian Safety In Everett

In 2023, Washington saw its highest number of traffic fatalities in 33 years. With the growing concern over pedestrian safety, both drivers and pedestrians need to know how best to avoid accidents. If you’ve been involved in a pedestrian accident, our Everett, WA pedestrian accident lawyer can help you learn about your options. With our long-standing presence in the community and dedication to our clients, Deno Millikan Law Firm, PLLC provides experienced representation for individuals injured in pedestrian accidents.

Boosting Driver Awareness

Everett’s streets are bustling with activity, and pedestrians face hazards daily. Drivers failing to yield at crosswalks, distractions caused by cell phones, and speeding vehicles contribute significantly to the risks of walking near busy roads. Pedestrians must also contend with low visibility conditions, especially during winter months when shorter daylight hours make walking more dangerous.

One of the most effective ways to enhance pedestrian safety is by raising awareness among drivers. Following speed limits in pedestrian-heavy areas, especially near schools and parks, can drastically reduce the number of pedestrian accidents. Drivers should always remain attentive, especially around turns, where accidents frequently occur. Yielding to pedestrians at crosswalks and maintaining a distraction-free environment while driving are simple but effective measures that can prevent tragedies.

Encouraging Pedestrian Responsibility

While drivers bear much of the responsibility for pedestrian safety, pedestrians must also take precautions. Wearing reflective clothing and using a flashlight during nighttime hours, crossing streets only at designated crosswalks, and avoiding distractions like texting while walking can significantly reduce the likelihood of accidents.

Being aware of your surroundings and adhering to traffic signals can help create a safer environment for all. Pedestrians who stay vigilant when walking near busy roads, refrain from wearing earbuds or headphones, and give a wide berth from busy roads can avoid disastrous situations.

Advocating For City-Wide Improvements

Improving Everett’s city-wide infrastructure can play a vital role in maintaining pedestrian safety. Cities like Everett can explore upgrades to crosswalk visibility, add pedestrian refuge islands, and install more flashing beacons at road crossings to help reduce the likelihood of pedestrian accidents. Community support for these changes can help expedite their implementation, making Everett’s streets safer for both drivers and pedestrians.

Additionally, well-maintained sidewalks and bike lanes can reduce accidents by creating clear pathways for pedestrians and cyclists. Expanding pedestrian-only zones in high-traffic areas or near popular attractions can further protect walkers by minimizing interaction with vehicles. Ongoing collaboration between city planners, safety officials, and the public can help create a safer, more pedestrian-friendly environment.

Legal Guidance After A Pedestrian Accident

Despite preventive measures, accidents can and do happen. Injuries from pedestrian accidents often result in significant medical bills, loss of income due to the inability to work, potential long-term ailments, and emotional trauma. We can help you investigate the circumstances of your accident, gather necessary evidence, and if needed, represent you in court.

Maintaining pedestrian safety in Everett is a shared responsibility between drivers, walkers, and local authorities. If you or someone you love has been injured in a pedestrian accident, reach out to Deno Millikan Law Firm, PLLC for compassionate and dedicated legal representation.

Workplace Vaccination Update January, 27, 2022

On November 1, 2021, I wrote on the subject of employer vaccine requirements.  On January 13, 2022, the United States Supreme Court struck down a Biden Administration rule requiring employers of 100 or more people to mandate vaccination or testing of their workforces while keeping in place the same requirement for healthcare workers.  The decisions can be found here:

https://www.supremecourt.gov/opinions/21pdf/21a240_d18e.pdf.

https://www.supremecourt.gov/opinions/21pdf/21a244_hgci.pdf.

What does this mean for employer vaccine mandates going forward?  Neither case addressed the issue of whether employers can set their own vaccination rules.  As I wrote previously, the EEOC previously issued guidance on this issue, which can be found here.  In short, as long as it is not discriminatory, employers can terminate employees who refuse to get vaccinated.

If you have any questions about your rights in the workplace, please do not hesitate to give the lawyers at Deno Millikan Law Firm a call.

Can I Lose My Job if I Don’t Get Vaccinated?

The short answer is, in large part, “Yes.”  As early as 1905, the United States Supreme Court upheld as constitutional a state law mandating vaccination of all adult citizens against smallpox.  See Jacobson v. Commonwealth of Massachusetts, 197 U.S. 11, 25 S.Ct. 538 (1905).

In the employment context, it is legal under both federal and state law for employers to require employees, as a condition of employment, to be vaccinated for diseases, including COVID-19.  However, in some circumstances, employers must provide reasonable accommodations for employees who cannot get vaccinated due to disabilities or sincerely held religious beliefs.  Both federal and state law require employers to engage in an interactive process with employees seeking an exemption to determine whether reasonable accommodation can be made.  However, even if an employee has a legitimate reason for a medical or religious exemption, an employer can still legally terminate the employee’s employment if accommodation would work a hardship on the employer.  Additionally, some employers may require vaccination due to job requirements where reasonable accommodation is not feasible.  For example, a hospital may require all health care workers to be vaccinated where remote work is not feasible.

On December 16, 2020, and again on May 28, 2021, the federal Equal Employment Opportunity Commission (EEOC) issued guidance containing an excellent overview of EEO laws and Frequently Asked Questions (FAQ’s) regarding vaccine requirements which can be found here.

On August 20, 2021, Washington Governor Jay Inslee issued a proclamation requiring vaccination by October 18, 2021 for most state employees and health care workers. The proclamation incorporates the federal and state exemptions for disability-related and religious accommodations.  Under this proclamation, employers are still required to engage in an interactive process with employees in determining whether reasonable accommodations can be made.

On September 9, 2021, President Biden announced that the federal Occupational Safety and Health Administration (OSHA) is developing a rule that will require employers of 100 or more to ensure their employees are either fully vaccinated or provide weekly negative COVID tests before coming to work.  It is anticipated that this rule will face legal challenges; however, many employers will likely comply with the rule while its validity plays out in the courts.

The bottom line is that being terminated from employment for refusing to get vaccinated is likely not grounds for a wrongful termination lawsuit.  If you have any questions about your rights in the workplace, please do not hesitate to give the lawyers at Deno Millikan Law Firm a call.