Reference no: EM133211506

Assume the date is April 2021. Thanks to a new vaccination, the covid-19 virus is much less of a problem, and life is mostly back to "normal." However, the virus has mutated, and people are still being infected, and several people--including people in their 20s and 30s--are still dying. People still can't tell if they are infected and contagious.

Kelsey owns St John's Pizza on North Lombard St., which has take-out pizza and eat-in tables. Like many fast-food outlets, St John's Pizza has a fast turnover of its employees and is constantly hiring new workers. Concerned about the health of her staff and customers, Kelsey requires all her employees to get a shot for the new vaccine.

Various employers require their employees to be up-to-date with multiple medical vaccinations. Oregon law provides that an individual may get an "exemption" from being required to take a medical vaccination if there is a valid medical reason or for 'sincere religious or philosophical objections to vaccination." A doctor must sign the exemption application.

Kelsey advertises for an employee and interviews Kai, who has a year's experience working at a similar local pizza shop in Seattle before he and his girlfriend moved to Portland. Kelsey tells Kai: "You look like a perfect fit--you're hired starting today. I'll set you up on our payroll system for $15/hr. And you can earn overtime if you want it. You can get right to work as soon as you bring me proof of your covid-19 vaccination." Kai signed a contract that described him as an "independent contractor" before he left the restaurant.

The next day Kai appears with a signed "exemption certificate" signed by his doctor. Kelsey responds: "Sorry, but I don't make exceptions on this--no vaccination, no job." The next day Kelsey gets a letter by FedEx delivery from a lawyer telling her: "Kai, my client, objects to his wrongful firing. Under Oregon law, an Oregon employer cannot refuse to recognize a valid medical exemption due to sincere religious beliefs, including the right to be exempt from vaccinations. Kai will report for work on Monday morning. Otherwise, we will sue for wrongful discharge." [You may assume that the lawyer is correct--no need to look up Oregon law].

1. What facts suggest Kai is an employee, not an independent contractor?

2. How would be resolving issue #1 affect Kai's legal rights here?

3. If Kai is found to be an "at will" employee, can he be fired or let go for any reason? How about this reason and that an Oregon statute protects Kai?

4. Can Kelsey be forced to let Kai work without getting his shot?

5. Can she be held liable for putting her other employees at risk if they catch covid-19 from Kai?

6. If you were a judge, would you find this was a "wrongful discharge" under Oregon law?