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!
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.