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Started By
Message
re: Legal Recourse for Employer Vaccine Requirement
Posted on 8/4/21 at 8:22 am to boosiebadazz
Posted on 8/4/21 at 8:22 am to boosiebadazz
(no message)
This post was edited on 8/4/21 at 8:23 am
0
Posted on 8/4/21 at 8:22 am to MMauler
quote:
Ever heard of OSHA?
They can't tell you to crawl out on the flimsy limb of 300 foot tree and cut off the end or you're fired.
There are plenty of restrictions on what employers are allowed to "force" you to do -- both at the federal and state levels.
Workplace safety requirements are not what we are talking about here.
The vaccine isn’t an OSHA issue, and you know that.
Posted on 8/4/21 at 8:23 am to Indefatigable
quote:
Your employer can mandate pretty much anything he wants.
Likewise, unless you have a contract saying otherwise, he can fire you because he feels like it.
First part, so the employer can tell the employees to have sex him/her? Or only hire people of a certain race? (generally speaking, there are restriction under federal and state law)
The second part is only partial true, depends on the State and situation.
Heck, you can't even polygraph employees in most situations. I think you are painting with a way too broad of a brush. No, this wouldn't be an easy thing to tackle but he might have recourse. He should seek legal advice, but in the end I would recommend going elsewhere.... job market is great.
This post was edited on 8/4/21 at 8:24 am
Posted on 8/4/21 at 8:23 am to Indefatigable
I'm pretty sure an employer forcing you to inject an unknown chemical with unknown side effects is most definitely an OSHA issue. You literally need an msds for every chemical brought into plant sites.
Posted on 8/4/21 at 8:24 am to GeauxFightingTigers1
quote:
First part, so the employer can tell the employees to have sex him/her?
No, because that’s a crime.
quote:
Or only hire people of a certain race? (generally speaking, there are restriction under federal and state law)
No, because that runs afoul of federal discrimination laws.
quote:
he might have recourse.
He doesn’t. But he’s more than capable of wasting $ getting an attorney to tell him that I suppose.
This post was edited on 8/4/21 at 8:27 am
Posted on 8/4/21 at 8:25 am to RoosterCogburn585
quote:
I'm pretty sure an employer forcing you to inject an unknown chemical with unknown side effects is most definitely an OSHA issue.
It isn’t.
Posted on 8/4/21 at 8:27 am to Indefatigable
Federal discrimination protects religion from discrimination. Looks like I'm gonna start a new religion
Posted on 8/4/21 at 8:27 am to Indefatigable
quote:
No, because that’s a crime.
But you put an absolute in your statement.
quote:
No, because that runs afoul of federal discrimination laws.
Exactly. But that isn't what you said.
quote:
He doesn’t. But he’s more than capable of wasting $ getting an attorney to tell him that I suppose.
Its not an easy thing for sure, but he should seek legal advice if he really wants a clear answer in his particular situation.
Posted on 8/4/21 at 8:28 am to Indefatigable
quote:
It isn’t.
Actually, it very much is. However, that is not the scenario we are in.
In most states, we are an at will state. Meaning, an employer can fire you for any cause. So an employer can say, "get a vaccine, or wear a mask" or "get a vaccine or you're fired". But they can't physically force an injection in you.
It's coercion to the highest degree, but it is not forced. You are free to quit, or let them fire you if you refuse a vaccine/mask. I vehemently disagree with it, but that's the way it is, and that's the slimy game these companies are playing.
However, if EVERYONE, and i mean the nuts and bolts that run these companies told the employer to frick off, they would IMMEDIATELY back track, or just ignore their own mandates.
Posted on 8/4/21 at 8:28 am to MMauler
quote:
The "discrimination stuff" is not the only things they are barred from doing.
Ever heard of OSHA?
I would still say OHSA falls within the Federal protection guidelines I mentioned but until the vaccine mandate is deemed an OHSA violation it holds no water specifically for refusing to get the shot presently.
This post was edited on 8/4/21 at 8:29 am
Posted on 8/4/21 at 8:28 am to Indefatigable
quote:
They can pretty much require whatever they want to require.
So an employer could mandate you drive a highly efficient car. Or regulate your caloric intake.
Posted on 8/4/21 at 8:30 am to GeauxFightingTigers1
quote:
But you put an absolute in your statement.
Thanks for correcting. I definitely wasn’t aware that it wasn’t a totally absolute situation
quote:
Exactly. But that isn't what you said.
I referred to discrimination multiple times in this thread. But you’re absolutely right, I’m wrong because I didn’t specifically qualify my statement with every possible exception to the general rule.
Btw, in the context of this thread, you know, what I’m replying to and discussing, I am 100% correct.
Posted on 8/4/21 at 8:30 am to the808bass
quote:
So an employer could mandate you drive a highly efficient car. Or regulate your caloric intake.
In an at will state an employer could fire you for not liking how you smell. You would then have to appeal the termination to the unemployment board for relief until finding a new job.
This post was edited on 8/4/21 at 8:31 am
Posted on 8/4/21 at 8:31 am to Indefatigable
quote:
Workplace safety requirements are not what we are talking about here.
Forcing you to take an experimental drug that isn't approved in order to come into the workplace doesn't involve "workplace safety"?
OSHA prevents your employer from forcing to thousands of things that affect your health.
There is probably no precedent on whether forcing an employee to take an unapproved experimental drug that has been PROVEN to have severe adverse side effects in some people (up to and including death) violates any federal law or OSHA. WHY NOT? Because no one was f*cking crazy enough to ever think that they could get away with it until Covid came along and drove people completely f*cking INSANE.
This post was edited on 8/4/21 at 8:39 am
Posted on 8/4/21 at 8:31 am to Indefatigable
quote:
quote:
I'm pretty sure an employer forcing you to inject an unknown chemical with unknown side effects is most definitely an OSHA issue.
It isn’t.
This is where you look like a complete f*cking MORON.
If you are so sure, then please provide us with the case or DOL ruling where an employer was allowed to force an employee to take an unapproved, "Emergency use only," experimental drug that has been PROVEN to cause severe side effects (up to and including death) in some people?
I can save you the time -- YOU CAN'T.
Why? Because it doesn't exist.
Likewise I can't present to you a case that says the opposite.
WHY? Because no employer has gone completely f*cking INSANE enough to think that they could make such an experimental drug a condition of employment.
This post was edited on 8/4/21 at 8:43 am
Posted on 8/4/21 at 8:32 am to GeauxFightingTigers1
https://www.venable.com/insights/publications/2021/06/employers-guide-to-the-religious-exemption
Here is a guide a law firm put together for employers, I would agree with them... that's possibly covered under the Civil Rights Act.
I would generally say this is a tough road and to seek new employment, but seeking legal advice in a particular situation could be helpful.
Of course, if the employer makes it mandatory... and problems come up, they are opening up liability.
Here is a guide a law firm put together for employers, I would agree with them... that's possibly covered under the Civil Rights Act.
I would generally say this is a tough road and to seek new employment, but seeking legal advice in a particular situation could be helpful.
Of course, if the employer makes it mandatory... and problems come up, they are opening up liability.
This post was edited on 8/4/21 at 8:34 am
Posted on 8/4/21 at 8:32 am to the808bass
quote:
So an employer could mandate you drive a highly efficient car. Or regulate your caloric intake.
Yes. Now, i'm assuming individual discrimination lawsuits may adjust some of this. But, an at will employer can mandate whatever they want. You have the freedom to work wherever you want. Which most people should do. If there is a viable option to work somewhere else that doesn't mandate stupidity, then quit and go work there. However, i realize that it isn't that simple as "just quit and work somewhere else". If you've spent years working to where you are, you don't want to throw it all away and start over.
This post was edited on 8/4/21 at 8:33 am
Posted on 8/4/21 at 8:32 am to MMauler
quote:
Forcing you to take an experimental drug that isn't approved in order to come into the workplace doesn't involve "workplace safety"?
Your employer is not forcing you to get the vaccine. You are free to refuse and quit or be let go.
Posted on 8/4/21 at 8:33 am to BugAC
quote:
Now, i'm assuming individual lawsuits may adjust some of this.
Understatement of the year. But sure. Employers can do anything.
Posted on 8/4/21 at 8:34 am to RoosterCogburn585
Make noise. They are looking for easy marks who will roll over. If you resist they will likely back down. Let’s be real, they don’t give a shite about your health.
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