> can these workers then in turn SUE employer for illegal firing? <
I think they can sue if the employee has a contract (a union contract or some other kind of agreement). But even then there might be some “health and safety” clause in the contract.
But otherwise, I don’t see how a lawsuit could be successful.
Did you see the restaurant owner in Texas? He has 4 eateries, and had 140 employees. 46 were vaccinated. He fired the vaccinated for being “stupid enough to let the govt run their lives” and split their pay between the 94 employees he has left. So now he’s under 100 and doesn’t have to worry about it anymore.
But this is not smallpox and the guy never did get vaccinated.
He paid a $5 fine, instead.
Who do I send my $5 to?
https://en.wikipedia.org/wiki/Jacobson_v._Massachusetts
The Massachusetts case is irrelevant, that was a state/local code, this issue will turn on whether the federal government has the power, far less clear. But on the other hand, it’s already been well-established that a private company can fire someone for nothing getting vaxxed, so there’s no case there, so far as I’m aware.
Most employees are under at will employment. They can fire you for farting in the hallway.
To me it is coercion and uninformed consent for experimental injections in violation of the NC, but nobody is asking me.
Not a lawyer, but I sure would hope so.
We no longer live in the USA, the constitutional republic. There are no rights. The process of passing laws has been bypassed by Let’s Go Brandon!
No. There isn't a lot that qualifies as an illegal firing and this isn't one of them.
There was no FDA in 1903
In right to work states, no.
Perhaps in the future a civil case, but you as an employee have very few rights in a “right to work state.”
It will happen.
we’ve done our research on this, but with the objective of resisting any future mandate, via OSHA or whatever pressure (most recent is insurance carriers).
At-will employees have scant basis to bring a claim, would have to argue some sort of discrimination. The best new law in this regard was passed this summer in Montana, adds “vaccine status” as a protected class to existing anti-discrimination laws. So far, that’s the only state with that level of protection.
It’s tough recruiting good people these days, and having a ‘no mandate’ policy has not hurt our recruitment efforts. Just the opposite.
Some of our big customers have been pushing vendors like us to incorporate a vax mandate for our employees, with the logic that if we have that policy, none of our employees would have to be individually checked/tested if they were ever to visit the customer’s site. Two separate customers came up with that on the same week in September, so we don’t think that they cooked that gem up by themselves.
My un lawyer opinion is the first adverse reaction lawsuit will slow this down because there is no rule from osha. Joe is just blowing smoke so far. If there is no osha rule then the companies are doing it on their own and i would think be liable.
You would have to be denied unemployment claims and then you can challenge the legality of the firing with that commission.
They will rule against you and you would then appeal that decision to the appropriate court in your state. Likely a “special appeals” court that deals with administrative decisions, or your local state circuit court.
Unless the company is declaring a company-wide emergency, I'd remind them that the FDA-approved vaccine Comirnaty will not be available in the United States for at least a year, and forcing someone to take an experimental drug authorized for emergency use is against human rights.
Tell them they must wait for Comirnaty to become available before mandating that employees take a COVID-19 vaccine.
-PJ
My attorney has suggested that if employees are forced to be unpaid guinea pigs and take experimental drugs for drug companies that have been given legal immunity from lawsuits, it's a form of slavery, and thereby a violation if the 13th amendment.
https://www.justice.gov/crt/conspiracy-against-rights
TITLE 18, U.S.C., SECTION 241
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Illness is survived by 99.5% that get it.
The "vaccine" is not a vaccine.
It does not immunize; keep anyone from becoming infected or transmitting the disease.
May be creating the variants.
Deaths and adverse reactions.
No long term studies.
More adverse events than all other vaccines combined.
Manufacturer cannot be sued for harm.
Anyone know if the employer can be sued in case of adverse event?
is the vaccine mandate a test run?
what if guns are declared a public health crisis?
turn in your guns or get fired?
Oh, ...and the powers that be forbid physicians from prescribing effective, safe and cheap theraputic drugs.