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.
“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.
All:
Well stated.
I have “lurked” on Freerepublic for 18 years. I stay away from posting due to the sensitive nature of work in the IC and Navy. I can’t read in silence anymore. Both my careers, Navy Reserves which I so dearly love, and civilian career as data scientist, are at risk due to this government.
A couple of questions for experts: do empathetic and sympatheict doctors exist? Mine has drank the full-on Kool Aid.
Anyone have experience getting a vaccine waiver for Long Haul COVID?
If we are terminated due to inabiity to get shot for medical reasons, doesn’t that fall under ADA/discrimation?
Companies who have Federal contracts ARE REQUIRED to have employees vaccinated. This is separate from Biden’s mandate.
The business rationale for requiring the vaccine is “the vaccine prevents spread”. 3 of my doctors, including a doc at Walter Reed, verified it does NOT prevent the spread. Am I misguided to accuse my employer of firing me under false pretenses, since the vaccine does NOT prevent the spread and therefore unvaccinated are NOT a danger to other employees?
God bless this forum and its members. I should be more interactive since I know longer have any more to lose...
One could also sue for injunctive relief.
What about the FL attorney/s, who had success for the HCWs ....
Attorney Behind Defeat of Local Vaccine Mandate in Florida Gathering National Lawyer Group
epoch times ^ | 30 September A.D. 2021 | Nanette Holt
Posted on 9/29/2021, 11:44:20 PM by lightman
Florida attorney Jeff Childers gave up his for-profit clientele to represent a group of City of Gainesville employees facing termination due to their refusal to take the COVID-19 vaccines.
Now, after a major victory last week in his case representing the 250 Gainesville workers, and a June victory in an appeal in June to end the mask mandate in his county, attorneys across the country are turning to him for help with similar cases.
https://freerepublic.com/focus/f-news/3999306/posts
Labor Law - bump for later.....