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re: Lawyers of TD, can employees use any of these arguments to decline the Jab & not be fired?

Posted on 7/24/21 at 4:32 pm to
Posted by ColoradoTiger1987
Tampa
Member since Jan 2019
1613 posts
Posted on 7/24/21 at 4:32 pm to
In a nutshell, it basically comes down to what your state laws are regarding termination from employment.

For instance, Colorado is what is called an “at will” employment which means that you can be let go from your employer for any reason (exceptions of course like gender, race, etc). You would have to prove that the employer fired you because of not receiving the vaccine.

So I’m essence, in Colorado, they could cite any reason for letting me go from job performance or attitude. You would have to have explicit evidence showing that they fired you for not receiving the vaccine, which IMHO might be seen by some judges as legitimate too.

Long story short is that there needs to be a Supreme Court Precedent set on this matter.

Not a lawyer, but just like to research stuff like this.
Posted by CDawson
Louisiana
Member since Dec 2017
16390 posts
Posted on 7/24/21 at 5:24 pm to
quote:

to delay them from firing you until the midterm elections;




Hard to imagine any sane person that was alive and coherent for the 2020 elections think somehow that the 2022 elections will be any different.
Posted by Norbert
Member since Oct 2018
3130 posts
Posted on 7/24/21 at 6:12 pm to
quote:

But, I'm older and long term side effect potentials don't really concern me.


My friend's parents both have metastatic cancer and refused the vaccine.

For most, tribalism and emotion are driving the decisions.
Posted by CharlieFoxtrot
Member since Jul 2021
152 posts
Posted on 7/24/21 at 6:26 pm to
Seems to me you should be safe to claim a medical exemption because the employer cannot compel you to disclose what your medical condition is that contraindicates vaccination.
Posted by Diamondawg
Mississippi
Member since Oct 2006
32202 posts
Posted on 7/24/21 at 6:28 pm to
quote:

My friend's parents both have metastatic cancer and refused the vaccine.

If I had metastatic cancer I would have been gone way before a vaccine. Same with facing a nursing home.
Posted by oldskule
Down South
Member since Mar 2016
15476 posts
Posted on 7/24/21 at 6:30 pm to
Questions:

Are employers, schools, leagues, and the government immune from COVID VAX lawsuits?

What happens if you die after being forced to take non-approved vaccine?
Posted by Norbert
Member since Oct 2018
3130 posts
Posted on 7/24/21 at 6:58 pm to
quote:

If I had metastatic cancer I would have been gone way before a vaccine


Well, some metastatic cancers are quite treatable, but the drugs leave patients susceptible to infection.

I guess even if you’re terminal, though, maybe you could eek out some more time if you’re less vulnerable to Covid.
Posted by Diamondawg
Mississippi
Member since Oct 2006
32202 posts
Posted on 7/24/21 at 7:04 pm to
quote:

I guess even if you’re terminal, though, maybe you could eek out some more time if you’re less vulnerable to Covid.

It's about quality of life and not being a burden. If I can't go to the woods, ride my tractor, garden, etc., I don't care to "eek out" more time. I'm comfortable with where I'm going.
Posted by RobbBobb
Matt Flynn, BCS MVP
Member since Feb 2007
27858 posts
Posted on 7/24/21 at 7:49 pm to
No way in hell can they override a religious conviction. They lost that argument even in times of world war (conscientious objectors). Judges have already slapped down church attendance limits with COVID
Posted by BeNotDeceivedGal6_7
Member since May 2019
7039 posts
Posted on 7/24/21 at 7:58 pm to
quote:

Are employers, schools, leagues, and the government immune from COVID VAX lawsuits?

What happens if you die after being forced to take non-approved vaccine?


I really don't know. If the pharmaceutical companies aren't liable, I'm sure these others aren't either.

I'm sure Smith and Wesson would like to object.
Posted by LRB1967
Tennessee
Member since Dec 2020
15416 posts
Posted on 7/24/21 at 8:15 pm to
The Moderna vaccine caused a reaction in patients with dermal fillers. If I was facing a mandate to get the vaccine I would get shot up with fillers and claim that the vaccine is contraindicated.
Posted by dafif
Member since Jan 2019
5534 posts
Posted on 7/24/21 at 8:15 pm to
We have a winner
Posted by David_DJS
Member since Aug 2005
17781 posts
Posted on 7/24/21 at 10:42 pm to
quote:

I really don't know. If the pharmaceutical companies aren't liable, I'm sure these others aren't either.

There’s a big difference between rolling out an unproven vaccine (pharma company immunity) and forcing someone to take it. People will argue “you can just get another job” - but if the court is just semi-rational, that argument won’t fly.

If roles were reversed and the Left was working against the Trump vaccine being a administered, there’d be lawsuits all over the place filed by Lefty “victims,” but the Right doesn’t like to actually do anything but bitch and get beat.
This post was edited on 7/24/21 at 10:43 pm
Posted by SammyTiger
Baton Rouge, LA
Member since Feb 2009
66342 posts
Posted on 7/24/21 at 11:39 pm to
quote:

I feel like a case could be made that people are having to justify their beliefs in order to keep their job and keep the needle out of their arm. If they can't ask me religious questions while hiring, can they do so to justify firing?


I think If you are asking for accommodation based on your beliefs they can ask you about those beliefs. It’s part of a “reasonable” accommodation.

They probably will ask you if you have other vaccinations, and if so, what moral, ethical or religious objection you have to this one specifically.
Posted by Fratigerguy
Member since Jan 2014
4741 posts
Posted on 7/25/21 at 12:13 am to
quote:

They can legally make it a requirement to work for that company. You refuse and you get terminated. Hospital workers told take flu shot, pneumonia shot, Hepatitis B vaccine,etc. There is legal precedent.



Depends on the state, and with regard to Louisiana, not with an emergency use authorization vaccine.
Posted by AlwysATgr
Member since Apr 2008
16368 posts
Posted on 7/25/21 at 1:13 am to
1) If religious objections are categorically excluded, then all bets are off. If a judge is willing to entertain them, personal Christianity would have a leg to stand on. "Or do you not know that your body is a temple of the Holy Spirit within you, whom you have from God? You are not your own, for you were bought with a price. So glorify God in your body." (I Co. 6:19-20). It is not for a court or an employer to preempt my 1st Amendment freedom of religion.

2) Informed consent (The Nuremberg Code places a heavy emphasis on this) and there is not a single vaccine maker that can tell of the long term effects. This is an unknown and will be decades in the making even if FDA approved.

3) Who assumes liability if you're 'forced' to take the vaccine as terms of employment and you die? is your insurance company still required to pay life insurance out? Can the vaccine maker or employer be sued for damages?

4) Also, I would think employers assume some burden - have they previously required vaccinations as a term of employment?
Posted by ssgrice
Arizona
Member since Nov 2008
3057 posts
Posted on 7/25/21 at 1:19 am to
quote:

What happens if you die after being forced to take non-approved vaccine?


Good luck proving that.
Haven't you heard? No-one has died from the vaccine.
They all had a pre-existing condition that caused the death. It's true.
Just ask the government
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