Posted on 10/09/2021 9:13:29 AM PDT by Lazamataz
From September 30, 2021 presentation by Clint [redacted]
Email: [Redacted]
Disclaimer: comments by Clint [redacted] recorded here, should be viewed like something you would hear at a seminar. Since we have not yet hired Clint to represent us, his guidance is not specific legal advice to you individually or this group.
Clint’s initial message to us – about challenging mandates -- was a bitter pill, but it does clarify some things and help us focus on the things that matter. The more important discussion covered was how to successfully acquire an exemption, especially a religious one.
EEOC and Legal Challenges to Mandates
Takeaway: No viable path to stopping corporate’s mandate through the legal system (a good attorney will never say never, but the odds are long)
o EEOC is the enforcement agency
o EEOC updated its guidance in May to say that employers can require vaccinations as a condition of employment, subject to certain limitations
Takeaway: Courts and EEOC have affirmed that there are some limitations to a mandate:
o Example avenues for Religious Exemptions (you may find another)
§ Pro-life concerns about connections to aborted fetal cells
§ My body is a temple of God and I need to be discerning about what goes into my body.
o Can substitute a lawyer letter that explains why a clergy letter is not necessary and Clint [Redacted]t is willing to help with this type of letter
o Court said that since IU was not in fact mandating vaccinations because students had other choices and upheld the University mandate
o Appealed to Circuit Court and upheld
o Appealed to SC and Justice Barrett rejected appeal, letting the lower court ruling stand
o Issue was whether an employer could modify their conditions of employment after hiring someone. Constitutional claims dismissed because the employer was not acting as the government.
o Court went on to talk about Civil Rights Act protections
§ Suspicions about efficacy and risks cannot override the law.
§ Acknowledged that science can be wrong, but when it is preventing disease there is a lot of leeway.
§ Every employment includes limits on the employees behavior in exchange for renumeration.
§ If an employee believes his/her civil liberties are … they should exercise their right to seek other employment.
o Do not have to be residents of KY unless there is some special state statute that intervenes.
o Clint thinks it is reasonable to overturn this since Corporate has clearly established in that last 18 months that people can be WAH.
o This is a state by state issue and not Clint’s expertise
o KY certainly allows for disqualifications for insubordination, misconduct
o Employee needs to make it clear they want to keep their job and continue working and that is why they submitted an RE
o If you resign voluntarily, then you are not eligible for unemployment
o He believes this will be challenged
o Most of the legal cases here were before any vaccine had FDA approval and the courts still upheld mandates.
o The EUA statute applies to medical provider. And the IU cases, the judge said it is really not a mandate.
o He doesn’t know that this has been answered. There is suggestion that there should be responsibility. Some have suggested asking the employer if I am willing to do this, are you willing to compensate me for adverse reaction.
o He believes the EEOC would support this person because they learned something new.
o The one case he knows of settled pretty quick in favor of the plaintiff who was arguing that he did not need a vaccine because he had antibodies.
o When the situation seems to require something the law doesn’t require.
o Helps to have numbers either named or unnamed.
Thank you.
Let the pogroms begin
Be aware that many people, most especially in rural areas, will lack natural immunity.
Be aware that simply having tested “positive” for Covid-19 does not guarantee natural immunity since much of the testing was defective.
I believed I had natural immunity but got vaccinated to be on the “safe side”. I’m 62 years of age.
Interesting info, thanks for posting. I recently has a 45 minute discussion with a lawyer who is the local managing partner for a multi-state law firm specializing in employment law.
Here is a bulleted summary:
- Most experienced successful employment lawyers earn their money representing companies in lawsuits brought by employees. Few lawyers who truly understand employment law and judge’s tendencies in cases affecting a large group of people ever represent the little guy, unfortunately, so any legal representation for employee complaints is likely to be by those who really aren’t that familiar with employment law.
- There is little that can be done to prevent someone from being fired, if a company or the government wants to fire them. Legal firms typically only have legal standing to file court complaints after damages, such as a loss of salary, have already been accrued. There is a remote chance a restraining order could be obtained from a judge to block something like having to reveal whether you are vaccinated or not, claiming HIPPA, but then they could still be fired for not providing that information anyway.
- Once an employee is fired, the lawyers have more standing to bring forward a complaint. At that point, however, it is more difficult for any plaintiff to be able to fund the law firm representing them. Therefore, very large retainers ($25k+) would typically be required for a firm to have faith their time would ultimately be paid for, as cases of this type are typically not winners.
- Another better option would be for a group of fired employees to pool their resources, and this lawyer expects that to happen down the road, with the largest employers having the most likelihood of these pooled cases against them to develop.
- However, even if the plaintiffs win their original case, large employers and the government would likely appeal the decision, not only to prevent having to pay out the growing number of cases, but to prevent future cases from going forward.
- These inevitable appeals are likely to go all the way to the Supreme Court, before any finality will be obtained. For the typical plaintiff, this path would be a long time away at great expense. The lawsuits would likely be combined and take the form of class action lawsuits in the end, increasing legal fees. Best case, even if your side won, you would only get a portion of the class action proceeds, but much of that could be lost to the various costs of the lawsuits.
Not being a lawyer myself, nor having a crystal ball here by my side, I have no idea how correct his predictions might be. But he is very well credentialed, and appeared to be interested in possibly being involved in these cases once damages are incurred, so long as a retainer was provided in advance. I am simply posting the information so it can be analyzed and discussed by others who may know more. Thanks.
Well then, how can a vaccine mandate for employees who work 100% from home stand? Unless they’re going to stretch to claim that they’re protecting that employee from illness potentially contracted from non-employment related sources, there seems to be no case to be made there. And if they can legally stretch it that far, then what can’t they order the employee to do to protect themselves….wear a helmet?….get certain medical diagnostic tests?….drive a vehicle with the latest safety technology?
Bump for later. Thanks for posting this!
Thank you for posting this. A couple of points or questions:
I didn’t see any mention of the EUA or FDA approval. I would think it would matter, legally.
I would think, or have heard, that employees are being asked to sign away liability. I didn’t see any recommendation that employees NOT sign anything and make it clear that they won’t.
I expect that people fired for refusal are going to be fired for misconduct or failure to abide by company policy. Vaccination won’t even be mentioned. I think that filing for any kind of exemption which is not true would help them with this. It seems better to insist on testing. The lawyer you quoted stated that recovered with antibodies is a strong defense.
Thanks again!
Thanks. The secret to happiness and success is to take complete responsibility for your life. This applies to everything, not just vaccines and employment.
Don’t like the vaccine mandate? Apply for work only at companies that don’t require it. Or work for yourself like 28% of America does.
People who sit around blaming the FED, the government, their boss, their spouse, their location, etc. are giving control of their life to forces out of their control, a surefire way to ruin their lives while avoiding responsibility (in their minds) for their lousy situations.
All those external problems will always be there. People who succeed bpt the onus on themselves for success and go after it, ignoring the boogie men. Those who fail surrender to external forces without ever trying to work right past them.
Liberals are the most prone to do this, but many conservatives have fallen into it as well.
“all the way to the Supreme Court”
The goals should be to protect yourself against Covid (by vaccination against Covid if medically necessary and practical) and to set up a legal situation where Roe v. Wade must logically be set aside by a new Court decision regarding a vaccination mandate.
“My body, my choice” must either legally stand or fall.
bttt
Scroll down a small amount.
Click on the “Definitely not” button.
“Reps 23%” “Dems 4%”
Employer mandates are being seen as politically-related employee purging.
BTTT — Great summary
Placemarker for when I can see better.
I think Tucker nailed it last night at the end of his show. I’ve been looking for a video of it, so I could transcribe it, but none are out there yet, which is typical of Friday evening shows. Foxnews.com will eventually post it themselves for cable tv subscribers.
But it was along the lines of, this issue is greater than just Covid. This issue is whether Americans control the sanctity of their own bodies, or not. Because it will certainly be something besides vaccines for Covid-19 that someone will want to inject us all with down the road, if these current mandates are allowed to stand.
And the mandates could very well grow in scope. Even the many here and elsewhere who proudly proclaim that they are not affected because they are self employed, or work for a small company, and see that as the final answer to their own personal situation, might soon feel differently if/when their insurance company says they have to be jabbed or lose their health insurance, and no other options exist.
So the walls are clearly closing in, but due to the time/expense required to push back, few have been able to respond in any manner within the time frames we’re being faced with. That makes it even more important for everyone, even those that don’t believe they’re currently impacted, to prepare for where where this whole fiasco might be headed next.
WAH is not the common acronym used, which is why nobody knows what it means. The correct acronym is WFH. Work FROM Home.
I believe that to participate/cooperate with the coercive application of any medical procedure is a grave sin, and that it is my moral duty to stand firm in my convictions and faith on this matter.
My body is God's temple, and I am directed not to intentionally harm this temple. This directive would apply to harm through procedures or products known to cause grave harm, or unproven medical practices. My informed conscience judges with certainty that both the mRNA and viral vector vaccines are unproven medical practices, they are like no other vaccines and have unlimited potential to harm my body that have not been explored or documented, and I believe wholly that to partake of them would be a grave sin.
My faith informs me that there is a general moral duty to refuse the use of medical products, including certain vaccines, that are produced using human cell lines derived from direct abortions or developed or produced with the use of abortion-derived cell lines, since doing so would be akin to directly benefitting from and participating in this grave sin.
"Cya!"
There is not, but you just keep on pumping those murdered baby parts into your body in hopes that you will not catch a cold.
It is really amazing through how eager people are to get other people to join them in their human sacrifice.
Even to the point of threats.
Almost like you know what you have done has stained your soul and you are fill with a twisted desire to force others to do so as well.
The lawyer I spoke to pretty much agreed with that, he said you’re probably not going to get a lot of sympathy or traction from most judges by trying to argue against against the current policy decisions of the FDA in the middle of a media-hyped pandemic. He didn’t even want to discuss the vaccines really. He said you might get a local judge to side with you, if you took that angle, but as that decision got appealed, up the court ladder they are going to look for actual judgements against the FDA before they take that side, and your case is not against the FDA, it is against the employer who fired you.
The whole specifics of the pros and cons of this particular vaccine family aren’t where the legal arguments for your case would be, they would be more along the lines of can you be required to take any medical treatment during a pandemic, and in that limited context, they possibly can require it. Not what anyone wants to hear, but that is according to this lawyer what the actual case would be. Your claim could morf some if widespread vaccine injury becomes undeniable, but we are not there yet.
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