- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
re: Legal Recourse for Employer Vaccine Requirement
Posted on 8/4/21 at 8:55 am to Robin Masters
Posted on 8/4/21 at 8:55 am to Robin Masters
quote:
The law is pretty clear that a boss insisting you give him a blow job as a condition of employment IS coercion and definitely does not constitute a voluntary sexual relationship.
That also has nothing to do with this thread. Coercion can be illegal when the underlying act is illegal or specifically prohibited by law. But that isn’t the case here.
This post was edited on 8/4/21 at 9:00 am
1
Posted on 8/4/21 at 8:55 am to Indefatigable
quote:
Spoiler alert: it will not end in liability for the employers.
Here’s the time to remind everyone that federal judges are political appointees.
There are state laws involved as well and people will be filing their claims in places like Orleans Parish Civil District Court. Do you really want a jury trial in Orleans Parish Civil District Court?
Posted on 8/4/21 at 8:56 am to MMauler
quote:
Show us where employers have been granted full and unlimited immunity to force CURRENT employees to take an experimental, unapproved, "EMERGENCY USE ONLY," drug.
You’re right. And you’re going to lose.
You can’t use the government to fight the government. Not now.
The agencies have already lined up to “protect” us.
Posted on 8/4/21 at 8:56 am to RoosterCogburn585
Are you a member of a union?
Posted on 8/4/21 at 8:57 am to Indefatigable
quote:
Nah. Eviction may go on forever, but the practically certain outcomes of the vaccine mandate and liability issues will be largely resolved in the coming weeks as people seek injunctions and the like.
The agenda is driving both. Dragging out evictions is part of the agenda. Forcing the vaccine is part of the vaccine.
Posted on 8/4/21 at 8:58 am to MMauler
quote:
To my knowledge this is not addressed by OHSA presently
No sh!t.
Why?
I have proffered that there is not enough time lapsed to address the scenario so until it is, then there are not legal protections in place in at will states. Don’t get so knee jerk on this and you will have an easier time understanding the other side being presented here.
Just look at your responses…they are blowing right through what is being said. Nobody is claiming your employer can force you to take the vaccine beyond the scope of your employment which up to that point, presently, they can. One can always initiate and attempt legal action either during or post employment but that has yet to be resolved. Nothing it stopping one from suing their employer BUT winning any relief is probably an uphill climb.
Again, neither the employer nor the government can forcibly inject you but you might have some hardships with their coercion along the way. This is all coming from someone, myself, who isn’t taking the damned shot but who gets what BS is being allowed to be done towards those of us who refuse to take it.
Posted on 8/4/21 at 8:58 am to MMauler
quote:
There are state laws involved as well and people will be filing their claims in places like Orleans Parish Civil District Court. Do you really want a jury trial in Orleans Parish Civil District Court?
Everything involving the vaccine will end up in federal court. Every single one will also end up with the NVICP if it makes it that far.
quote:
Do you really want a jury trial in Orleans Parish Civil District Court
You mean one of the most sheep-like and solid blue across the board populations in the state? Yes, if I am an employer who wants a jury to side with my decision to require the vaccine, a liberal city is absolutely a great place.
Posted on 8/4/21 at 8:58 am to Indefatigable
quote:
Nah. Eviction may go on forever, but the practically certain outcomes of the vaccine mandate and liability issues will be largely resolved in the coming weeks as people seek injunctions and the like.
Why would an injunction happen, I'm generally confused by your statements in this thread. You don't know the applicable law in the 50 States, the Civil Rights Act in particular there maybe recourse as well.
You can place your bets, but at the end of the day.. there are multiple areas that can be litigated. Most law firms are placing their chips in there will be litigation on these fronts. That doesn't mean they will all bear fruit.
I would suggest the person never listen to you and seek real legal advice. Of course, if it were me, I would just leave... best market ever in the United states.
Posted on 8/4/21 at 8:58 am to GeauxFightingTigers1
quote:you definitely fit in the new pussified world
Think about seeking new employment if you are not getting what you want.
Posted on 8/4/21 at 9:00 am to arcalades
quote:
you definitely fit in the new pussified world
Funny, I would say the opposite, start your own business... don't work for the Man, be the Man.
Of course, I suggested he seek legal advice, but generally its not a good battle. If he wants to fight, there might be avenues.
This post was edited on 8/4/21 at 9:01 am
Posted on 8/4/21 at 9:02 am to GeauxFightingTigers1
quote:
Why would an injunction happen,
Because people are going to seek to enjoin their employers from implementing a vaccine mandate.
quote:
Most law firms are placing their chips in there will be litigation on these fronts. That doesn't mean they will all bear fruit.
Law firms do this on every issue imagineable. It’s how they make money and solicit clients.
quote:
You don't know the applicable law in the 50 States, the Civil Rights Act in particular there maybe recourse as well.
This is largely going to be a federal court issue, and yes, I am familiar with the applicable federal law.
This post was edited on 8/4/21 at 9:04 am
Posted on 8/4/21 at 9:03 am to the808bass
quote:
You’re right. And you’re going to lose.
That's why you have a better chance of appealing to your employers moral side than challenging them legally. When you challenge people their usual response is to dig their heels in.
If your employer is enforcing vaccine mandates they probably have low moral character to begin with and you probably don't want to work for them anymore.
However if the mandates are coming from HR Karens and the CEO/President is just following their recommendations appealing to the CEO/President's moral character may change his mind.
It's worth a shot. The worse that can happen is you get fired (which would happen anyway).
Posted on 8/4/21 at 9:03 am to Indefatigable
quote:
That also has nothing to do with this thread. Coercion can be illegal when the underlying act is illegal or specifically prohibited by law. But that isn’t the case here.
Sex is not illegal. A landlord trading sex for rent is human trafficking.
Posted on 8/4/21 at 9:03 am to RoosterCogburn585
They cannot make you take an experimental vaccine as a requirement for employment. Once any of the three get full FDA approval, then you are probably screwed.
Posted on 8/4/21 at 9:04 am to RoosterCogburn585
quote:End of your employment; yes. They can require proof. It's up to you to provide the proof.
So let's say they ask, I say yes I'm vaccinated. That's the end right?
Posted on 8/4/21 at 9:04 am to Indefatigable
quote:
This is largely going to be a federal issue, and yes, I am familiar with the applicable federal law.
I have already posted plenty of documentation including documentation with lawsuits with recourse. Not sure what to tell you, you are painting with way too wide a brush. No, employers can't just ignore state employment laws, its not just a federal issue.
He should seek real legal advice if he has a concern. Generally, I would say its not a good fight but the particulars are important.
When someone starts off that an employer can do anything they want, you basically set yourself up to not being rational.
This post was edited on 8/4/21 at 9:06 am
Posted on 8/4/21 at 9:05 am to Robin Masters
quote:
Sex is not illegal. A landlord trading sex for rent is human trafficking.
Both of which are specifically prohibited by law. Once again, totally irrelevant to what’s being discussed here. Getting the vaccine is not specifically prohibited by law, nor illegal. Hence, coercing you to do it is not illegal.
Posted on 8/4/21 at 9:06 am to Catahoula20LSU
quote:
Once any of the three get full FDA approval, then you are probably screwed.
Pfizer will be approved just after school starts. Completely coincidentally.
Posted on 8/4/21 at 9:07 am to Crimson1st
quote:
Don’t get so knee jerk on this and you will have an easier time understanding the other side being presented here.
I understand what the other side is saying.
And, as I have stated, no one can make blanket statements that they know what the law is on this at this point in time.
WHY?
As I've stated, there is no precedent for either side because, up until now, no employer had become SO F*CKING INSANE that they thought they could get away with forcing an employee to take such an experimental drug.
Probably the best argument made for the "other side" was made by the808bass. As he surmised, the "powers that be" want employers to be able to force you to get the shot. And, they will align together and try to protect each other. The politicians know that any attempt they make to force people to take "the jab," will be met swiftly with Constitutional challenges. And, I don't think anyone believe that any government mandate will survive Constitutional scrutiny -- even with the politicized make up of the current Supreme Court.
But, the politicians (and federal judges) have also become so enamored with the cancel culture as a way to mold your behavior that they'll let their new comrades on Wall Street cancel you if you do not do what they want to force you to do but can't from a Constitutional prospective.
BUT, that's not a "legal argument" or position. That's an argument that corruption is alive and well in Raping Joe's America.
This post was edited on 8/4/21 at 9:17 am
Posted on 8/4/21 at 9:07 am to Indefatigable
quote:
Hence, coercing you to do it is not illegal.
Well, it should be.
Page 5 of 7
Back to top
Follow TigerDroppings for LSU Football News