Anything wrong or illegal with me giving out Gift Cards to those who got the vaccine

[Tidybuoy]

Most of my office has now gotten the vaccine. However, there are a couple of employees that don't want to get it. I'm ok with that as everyone can make their own choice - except we have one employee that is making a huge deal about it. She is telling other employees that she is going to demand masks worn by everyone forever.

I will require employees to wear masks as long as the state mandates it and at least until 2-3 months have past.

That said, I was thinking of giving my employees gift cards for getting it done. Am I going to get a lawsuit for excluding the antivaxers?

[Sooner or later]

I know that you can announce in advance that you will give a payment to those that get the vaccine. Not sure if that would carry over to after the fact. I would think it would, but not sure.

The employee cannot force others to wear a mask forever if it is not a federal, state, local, or business requirement.

[Arizona_928]

I would assume you'll have to make it a pool and label it something other than vaccine gift card cash. Maybe covid thank you. Pull names from hat, just put it in their check, ect ect

[cabmandone]

Call it a "performance bonus" and hand them out.

Originally Posted by Arizona_928

I would assume you'll have to make it a pool and label it something other than vaccine gift card cash. Maybe covid thank you. Pull names from hat, just put it in their check, ect ect

Just don't tell those who didn't get the vaccine that their name isn't in the hat!

[Seahawk]

Originally Posted by Tidybuoy

Most of my office has now gotten the vaccine. However, there are a couple of employees that don't want to get it. I'm ok with that as everyone can make their own choice - except we have one employee that is making a huge deal about it. She is telling other employees that she is going to demand masks worn by everyone forever.

Do you own the place? If so, nicely done. Almonds!

I would not separate the workforce along vaccination lines. There is no win there. Let the outlier enjoy the day as long as she wears a mask and follows company portocal.

Our workforce is young so it will be a while. I'll wait until they get theirs.

[Sooner or later]

Companies that are giving incentive payments after receiving the vaccine. I am sure there are others.

Aldi
AMTRACK
Chobani
Darden Restaurants
Dollar General
Instacart
JBS USA/Pilgrims
Kroger
Lidl
McDonald's
Target
Trader Joe's.

[Bob Kontak]

Originally Posted by Tidybuoy

She is telling other employees that she is going to demand masks worn by everyone forever.

It would be sweet, although impossible, to tell all the employees that get the shot(s) they must pass on their gift card so the floater in the punch bowl can get them all if she does it.

Let peer pressure work it out.

[LEAKYSEALS951]

Originally Posted by Tidybuoy

She is telling other employees that she is going to demand masks worn by everyone forever.?

Man. One hell of a week at the Almond plant, eh?

"Hey, I heard you were demanding everyone wear mask forever. Just so you know, we will be taking everyone's wellbeing into account. When the time comes, WE will be making company decisions and when that time comes, we will let you know our policy. In the meantime, I hope I can count on your understanding and discretion. If you need to seek employment elsewhere, we understand.

And if I hear any lip, I'm hooking you up with ABAD!!!!!!!"

[Steve Carlton]

Sounds like you need a First Amendment audit.

[ramonesfreak]

giving a bonus, as nominal as it may be, based on healthcare choices? this smells very different than say, giving memberships to a gym to any employee that is interested. i don’t play a lawyer on tv because i am one. and though i’m no expert on this, my instincts tell me you might be accused of breaking the law....appearing to break some law so that an employee sues you costing you a ton of money and time and stress defending yourself

whether you actually are breaking the law is i think, very complicated and would depend on many facts unknown to me

i took a quick look here (below link) and what would concern me is that a person who decides not to be vaccinated could be making that decision based on a medical condition or a religious belief and therefore might be motivated to claim you are discriminating against them based on their disability or religious belief by rewarding others who were able to get the vaccine.....but again, this is a complex fact based analysis and the sort of thing that ultimately works itself out in court when you risk doing what you are suggesting... personally i would try to avoid that

anyway, here’s some good reading that while not exactly on point, is worth being familiar with as a business owner (vaccinations is near the bottom- but all of it is pretty useful info)
https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws

[cstreit]

Originally Posted by Tidybuoy

"telling other employees"

"she is going to demand"

I think I see the issue here...

[Arizona_928]

Yeah. Your hired help is a black hole of negativity.

Seriously. Turn and burn.

[ramonesfreak]

you werent clear, so it’s the person that won’t get a vaccine that is going to demand everyone wear a mask forever? jesus people are nuts. i’m so happy to be working from home not having to deal with nut job coworkers

if that person is that nutty all the more reason not to risk a lawsuit because she sounds exactly like the type that brings one, just find some non discriminatory reason to terminate her (as in fire her, not kill her) :-)

[mepstein]

My wife was a nurse at a major hospital. They strongly encouraged the staff to get flu shots. $1K extra in your paycheck if you got the shot. Nothing extra if you skipped.

[drcoastline]

Originally Posted by ramonesfreak

giving a bonus, as nominal as it may be, based on healthcare choices? this smells very different than say, giving memberships to a gym to any employee that is interested. i don’t play a lawyer on tv because i am one. and though i’m no expert on this, my instincts tell me you might be accused of breaking the law....appearing to break some law so that an employee sues you costing you a ton of money and time and stress defending yourself

whether you actually are breaking the law is i think, very complicated and would depend on many facts unknown to me

i took a quick look here (below link) and what would concern me is that a person who decides not to be vaccinated could be making that decision based on a medical condition or a religious belief and therefore might be motivated to claim you are discriminating against them based on their disability or religious belief by rewarding others who were able to get the vaccine.....but again, this is a complex fact based analysis and the sort of thing that ultimately works itself out in court when you risk doing what you are suggesting... personally i would try to avoid that

anyway, here’s some good reading that while not exactly on point, is worth being familiar with as a business owner (vaccinations is near the bottom- but all of it is pretty useful info)
https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws

Being in insurance specifically commercial insurance I would have to agree with Ramonesfreak here. This is a slippery slope.

Not sure there is a law that would be broken by giving out gift cards to those that vaccinated, but from an employment practices stand point the appearance of discrimination and singling this person out by management could be troublesome.

I don't know California law but I am in NJ, we are bad and I think CA is worse when it comes to tort. Sadly there are plenty of low life attorney's that would take a case with little to no evidence but, knowing their is a checkbook that can be accessed. It costs very little to file a suit and in most cases their is no recourse against the filer for filing a weak or even fraudulent suit. Losing the suit isn't the costly part defending against the suit is the costly part and if you don't have employment practices liability the company pays those costs out of pocket.

I am sure a company of your size has an HR department, employee handbook, written policy and bonus and incentive procedures? Make sure you familiarize yourself with those rules and procedures and follow them to the T before doing anything. Guaranteed the first thing that will occur is they will subpoena a copy of those rules and procedures and look for how you deviated from YOUR rules to the detriment and embarrassment of this person.

You may also wish to amend your rules/ procedures to include a Covid, pandemic, etc. section and if you have not yet done so contact a good employment practices attorney to review your rules/procedures to ensure you are in compliance with CA employment law.

[drcoastline]

Originally Posted by ramonesfreak

you werent clear, so it’s the person that won’t get a vaccine that is going to demand everyone wear a mask forever? jesus people are nuts. i’m so happy to be working from home not having to deal with nut job coworkers

if that person is that nutty all the more reason not to risk a lawsuit because she sounds exactly like the type that brings one, just find some non discriminatory reason to terminate her (as in fire her, not kill her) :-)

Exactly and this person sounds like the kind that knows they can bring a suit and is looking for a pay day.

Follow your rules and procedures document.

[ckelly78z]

You may want to forget this idea, I can only see discrimination accusations in your future if you proceed, from those who CHOOSE not to get vaccinated.

Perhaps have them wear a scarlet "V" on their shirt as well ?

[Sooner or later]

Originally Posted by ckelly78z

You may want to forget this idea, I can only see discrimination accusations in your future if you proceed, from those who CHOOSE not to get vaccinated.

Perhaps have them wear a scarlet "V" on their shirt as well ?

Tell that to Target. I am sure Target will not publish who is getting the compensation. That should remain confidential.

https://corporate.target.com/article/2021/02/team-vaccination#:~:text=That's%20why%20we're%20providi ng,appointments%20if%20they%20need%20it.

Serving each other, our guests and our communities — Target team members have done it all throughout the pandemic. And every step of the way, Target has taken care of team members too. Now, as the coronavirus vaccine becomes more available to frontline and essential workers, Target’s focused on helping our team members get the information and access they need — and removing barriers along the way. That’s why we’re providing up to four hours of pay (two hours for each vaccine dose) to our hourly team members when they get their vaccines. We’ll also provide all U.S. team members with free Lyft rides (up to $15 each way) to get to and from their appointments if they need it. All of this on top of our work to ensure the vaccines remain free and easy for all team members — even though we don’t plan to require it for them to come to work.

“Taking care of our team has been at the heart of every decision we’ve made since the coronavirus started, and this point in the pandemic is no different,” says Chief Human Resources Officer Melissa Kremer. “As more vaccines become available, especially for frontline and essential workers, we’ll help our team members across the country get the information and access they need. As we have for the past year, we’ll continue to invest in our team’s pay and benefits so they can take care of themselves, each other and our guests.”

[Sooner or later]

[onewhippedpuppy]

You are in essence making public which of your employees have and have not received a medical treatment. That in and of itself could be some violating some variety of privacy rights.

Just from a people perspective I’m not sure what you are gaining here either. Is your goal to make those who have not received the vaccine feel like outcasts that don’t belong or aren’t appreciated?