The Louisiana Supreme Court has ruled hospitals can fire their employees if they do not receive a COVID vaccine. Loyola University Law Professor Dane Ciolino says Louisiana’s at-will employment laws give Ochsner Health or any other private employer the ability to fire a worker who refuses the COVID vaccine.
“That’s right Louisiana is traditionally a very strong at-will state with employers having a wide range of discretion to keep or fire employees,” said Ciolino.
Dozens of Ochsner employees filed a lawsuit after Ochsner Health announced its workers must get vaccinated or face possible termination.
The plaintiffs argued the state’s medical consent law gives adults the ability to refuse medical treatment. But Ciolino says the Supreme Court correctly determined the medical consent law only applies to the relationship between a health care provider and a patient.
“The court said the constitution regulates governmental actors not private employers like Ochsner,” said Ciolino.
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