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re: Shreveport second circuit Court rules Oschner cannot fire or discipline employees

Posted on 10/29/21 at 12:58 pm to
Posted by liz18lsu
Naples, FL
Member since Feb 2009
17914 posts
Posted on 10/29/21 at 12:58 pm to
quote:

lsupride87


So my vaccination status tells an employer how well I do my job? You sound ridiculous.
Posted by lsupride87
Member since Dec 2007
108616 posts
Posted on 10/29/21 at 12:59 pm to
quote:

So my vaccination status tells an employer how well I do my job? You sound ridiculous.
I sound ridiculous because I think companies should have the right to choose who they employ?

When did this board go full blown liberal?
Posted by Cosmo
glassman's guest house
Member since Oct 2003
129577 posts
Posted on 10/29/21 at 1:00 pm to
quote:

So my vaccination status tells an employer how well I do my job? You sound ridiculous.


Hospitals are one of the few places where an argument for a vaccine can be made

At least for the employees with direct patient contact

Making janitors and IT people do it is dumb
Posted by lsupride87
Member since Dec 2007
108616 posts
Posted on 10/29/21 at 1:01 pm to
This really isn’t difficult.

I also hate smoking in restaurants and bars, but it’s bullshite the govt has told business that they can’t allow it

It also bullshite Biden is trying to force employers to fire unvaxxed

It’s bullshite as well this court won’t allow Ochsner to fire employees they want to
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
78327 posts
Posted on 10/29/21 at 1:02 pm to
quote:

So as a big government liberal you aren't for protected classes? Should businesses be able to fire based on skin color?


What’s the protected class?
Posted by League Champs
Bayou Self
Member since Oct 2012
10340 posts
Posted on 10/29/21 at 1:02 pm to
quote:

small govt conservative

The medical community is essential a wing of the govt at this point with mandates, Medicare and Medicaid, etc. The Constitution was written to specifically include individual rights over government rights, or in this case corporations acting in place of the government.

If these people signed a legal, binding contract, that did not include termination based on a government mandate, then I side with the individual over the corporation.
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 10/29/21 at 1:02 pm to
quote:

“We are an at-will state, like most states. So, an employer can pretty much mandate whatever he wants,” said attorney Gregory Miller.

Because of the surging delta variant, hospitals and other businesses are planning to make the shot mandatory once FDA-approved. There are only two exceptions where employees can opt-out.

VA requires COVID-19 vaccination for health care workers
“One would be a bonified religious belief where your religion doesn’t permit shots or other medical treatment. The other if you have a certain disability and you can get a medical excuse from your doctor saying that you would be high risk for the vaccine,” said Miller.

If those reasons do not apply to you, attorneys say there’s really nothing you can do when you’re an at-will employee.

“If you don’t like it, then you can leave your employment and go seek employment elsewhere,” said Miller.

Workers in Texas filed a lawsuit against their hospital requiring the vaccine. Their case was thrown out, and they are appealing that ruling.

Attorneys say it’s very unlikely workers in Louisiana would win a similar case.

Ochsner, the largest health system in the state, says all employees will be required to get the vaccine once it’s FDA-approved.
Posted by bbap
Baton Rouge, LA
Member since Feb 2006
96879 posts
Posted on 10/29/21 at 1:03 pm to
quote:

It’s bullshite as well this court won’t allow Ochsner to fire employees they want to



fwiw, that's not what they are doing.
Posted by liz18lsu
Naples, FL
Member since Feb 2009
17914 posts
Posted on 10/29/21 at 1:03 pm to
quote:

lsupride87


How are you missing the point that this company is choosing to fire staff, not over performance, but a forced vaccine? Liberal? I am all for companies hiring the best candidate, but we all know that doesn’t happen, either. Firing for not getting a shot? Wow. You suck.
Posted by lsupride87
Member since Dec 2007
108616 posts
Posted on 10/29/21 at 1:04 pm to
quote:

How are you missing the point that this company is choosing to fire staff, not over performance, but a forced vaccine?
Who gives a shite. They have that right

quote:

Liberal?
Yes, if you support this ruling you are supporting a very liberal ideal
Posted by lsupride87
Member since Dec 2007
108616 posts
Posted on 10/29/21 at 1:05 pm to
quote:

If these people signed a legal, binding contract, that did not include termination based on a government mandate, then I side with the individual over the corporation.

1. They don’t sign anything

2. This has nothing to do with the govt mandate
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 10/29/21 at 1:06 pm to
quote:

How are you missing the point that this company is choosing to fire staff, not over performance, but a forced vaccine? Liberal? I am all for companies hiring the best candidate, but we all know that doesn’t happen, either. Firing for not getting a shot? Wow. You suck.



They can fire you for wearing the wrong color scrubs if they want
Posted by bbap
Baton Rouge, LA
Member since Feb 2006
96879 posts
Posted on 10/29/21 at 1:07 pm to
I'd say its extremely unlikely oschner will lose any litigation, so really this not something to get that worked up over.

All the court is doing is putting an injunction over firings until people have had their day in court. Happens all the time.

Again, it just doesn't seem very likely this will go against oschner, based on other rulings so far.
This post was edited on 10/29/21 at 1:08 pm
Posted by liz18lsu
Naples, FL
Member since Feb 2009
17914 posts
Posted on 10/29/21 at 1:07 pm to
quote:

Yes, if you support this ruling you are supporting a very liberal ideal



Then what about not giving preference to race or gender? I am against that. Still think I am liberal? What about siding with a liberal company with a clear control agenda? That’s you.
Posted by Weekend Warrior79
Member since Aug 2014
20812 posts
Posted on 10/29/21 at 1:08 pm to
They can still technically fire the employees, they just can't use their vaccine status as the reason. Even if they lose the case, if I were one of these employees I would start looking elsewhere as any decent HR can find a reason to term someone.
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 10/29/21 at 1:08 pm to
quote:


I'd say its extremely unlikely oschner will lose any litigation, so really this not something to get that worked up over.

All the court is doing is putting an injunction over firings until people have had their day in court. Happens all the time.

Again, it just doesn't seem very likely this will go against oschner, based on other rulings so far.



Until the vaccine is FDA approved
Posted by billjamin
Houston
Member since Jun 2019
16767 posts
Posted on 10/29/21 at 1:10 pm to
quote:

I'd say its extremely likely oschner will lose any litigation, so really this not something to get that worked up over.

ETA, saw this was edited after posting.
This post was edited on 10/29/21 at 1:13 pm
Posted by bbap
Baton Rouge, LA
Member since Feb 2006
96879 posts
Posted on 10/29/21 at 1:11 pm to
quote:

I see you haven't been keeping up with the Houston Methodist cases.



I have not
Posted by bbap
Baton Rouge, LA
Member since Feb 2006
96879 posts
Posted on 10/29/21 at 1:11 pm to
i had it as likely by accident at first. fixed the post.
Posted by billjamin
Houston
Member since Jun 2019
16767 posts
Posted on 10/29/21 at 1:12 pm to
quote:

i had it as likely by accident at first. fixed the post.
i thought i was losing it for a second
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