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Question for OT Lawyers: company wide vaccine mandate and waiver to sign

Posted on 10/13/21 at 4:00 pm
Posted by 0x15E
Outer Space
Member since Sep 2020
12610 posts
Posted on 10/13/21 at 4:00 pm
Company is forcing our hand at getting the vaccine. Says we have to have it or termination. The only “work around” is religious exemption.

Upon showing our proof of being completely vaccinated we also have to sign a waiver releasing the company of all responsibility in the event the vaccine causes us harm/death.

If I refuse to sign and get terminated, do I have any ability to sue?
Posted by AbitaFan08
Boston, MA
Member since Apr 2008
26537 posts
Posted on 10/13/21 at 4:01 pm to
Unlikely. Assuming you work for a private company.

Edit based on the post below me: yes, you have the ability to sue. But you don’t likely have the ability to win.

Serious question: what would you think you could sue your employer for?
This post was edited on 10/13/21 at 4:06 pm
Posted by WDE24
Member since Oct 2010
54132 posts
Posted on 10/13/21 at 4:01 pm to
quote:

If I refuse to sign and get terminated, do I have any ability to sue?
Yes, you have the ability to sue.
Posted by SuperSaint
Sorting Out OT BS Since '2007'
Member since Sep 2007
140462 posts
Posted on 10/13/21 at 4:02 pm to
Play stupid games win stupid prizes
Posted by Wermanium
Member since Apr 2016
754 posts
Posted on 10/13/21 at 4:05 pm to
100% sure you can sue.

100% sure you will lose.
Posted by ducktale
Member since Sep 2021
1531 posts
Posted on 10/13/21 at 4:09 pm to
Why would you need to sign a waiver for something that Brandon says is completely safe?
Posted by Ajo Devil
Tempe, AZ
Member since Sep 2006
2428 posts
Posted on 10/13/21 at 4:10 pm to
My company didn't mandate that we get vaccinated, they did, however, give us $500 for showing proof that we did.
Posted by Dixie Normus
Earth
Member since Sep 2013
2629 posts
Posted on 10/13/21 at 4:11 pm to
If you’re in LA, you can wipe your arse with a document that tries to waive tort immunity.
Posted by el Gaucho
He/They
Member since Dec 2010
52908 posts
Posted on 10/13/21 at 4:12 pm to
Are you asking if you can go to jail for forcing others to get the virus because you’re too selfish to do your part and get vaccinated?

The answer is no, for now
Posted by DaBike
Member since Jan 2008
8955 posts
Posted on 10/13/21 at 4:13 pm to
So they are backing you into a corner, essentially forcing you, to do something you don’t want to do. Then if something bad happens you can’t hold them accountable for forcing you to do it.

Posted by el Gaucho
He/They
Member since Dec 2010
52908 posts
Posted on 10/13/21 at 4:14 pm to
quote:


My company didn't mandate that we get vaccinated, they did, however, give us $500 for showing proof that we did

You shouldn’t need to get money for being a decent human being. Give that 500 to people of color yaherme
Posted by DeathValley85
Member since May 2011
17117 posts
Posted on 10/13/21 at 4:15 pm to
quote:

Give that 500 to people of color yaherme


Posted by AbitaFan08
Boston, MA
Member since Apr 2008
26537 posts
Posted on 10/13/21 at 4:15 pm to
You’ve gotten too obvious in your trolling. Or maybe you’ve just been in the game too long. I don’t know. Either way, might be time to hang it up.
Posted by chilge2
Member since Nov 2019
231 posts
Posted on 10/13/21 at 4:30 pm to
quote:

we also have to sign a waiver releasing the company of all responsibility in the event the vaccine causes us harm/death.


Any clause is null that, in advance, excludes or limits the liability of one party for causing physical injury to the other party.
Posted by Bestbank Tiger
Premium Member
Member since Jan 2005
70851 posts
Posted on 10/13/21 at 4:40 pm to
quote:

Any clause is null that, in advance, excludes or limits the liability of one party for causing physical injury to the other party.


I'd also assume an injured party could argue duress, which makes it not a valid contract.

Waivers are supposed to be for doing something the other party told you NOT to do. Like leaving a hospital against medical advice. In those cases it's so they can prove they warned you and you didn't listen.

In this case they're holding his livelihood over his head.
Posted by shawnlsu
Member since Nov 2011
23682 posts
Posted on 10/13/21 at 4:40 pm to
quote:

they did, however, give us $500 for showing proof that we did

its amazing how cheap people are.
Posted by BiggerBear
Redbone Country
Member since Sep 2011
2917 posts
Posted on 10/13/21 at 4:46 pm to
quote:

So they are backing you into a corner, essentially forcing you, to do something you don’t want to do. Then if something bad happens you can’t hold them accountable for forcing you to do it.


Except they're not forcing anyone to do anything. To use your analogy, the corner has a door and the OP is free to walk out of it at any time.

The waiver is stupid though. The employer has no tort liability for any harm suffered as a result of taking the vaccine.
This post was edited on 10/13/21 at 9:11 pm
Posted by Cajunlostincali
Honkyville
Member since Sep 2018
543 posts
Posted on 10/13/21 at 4:47 pm to
OSHA will not enforce 29 CFR 1904’s recording requirements to require any employers to record worker side effects from COVID-19 vaccination through May 2022.

Meaning, no waiver is required.
Posted by Mickey Goldmill
Baton Rouge
Member since Mar 2010
23006 posts
Posted on 10/13/21 at 5:11 pm to
quote:

If you’re in LA, you can wipe your arse with a document that tries to waive tort immunity.



This. Waivers of tort liability don't mean anything in Louisiana.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
25547 posts
Posted on 10/13/21 at 5:23 pm to
quote:

If you’re in LA, you can wipe your arse with a document that tries to waive tort immunity.


The more important question is does the company have any tort liability to waive.
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