A hospital operator called TriHealth required all of its employees to get flu shots to protect them and the patients. More than 10,000 of the company’s employees got the shot, but 150 didn’t and they were fired for it!

So, can a flu shot be a condition of employment? Judge Napolitano says yes. While these cases need to be looked at on a case by case basis, the “bottom line is … they certainly can do what they need to do to keep their employees healthy and their customers safe.”

With that said, Napolitano believes that these former employees have grounds for a lawsuit. “The flu shot is not a guarantee that you’re not going to get it, and if you don’t take the flu shot, it doesn’t mean that you are going to get it,” he said.