> To be totally clear: your employer cannot require you to have a medical procedure, and then fire if you do not comply...
Citation needed.
Vaccine requirements are not out of the norm for most jobs. And in “at will” work states, if your demand to not have a vaccine isn’t in your employment contract, you are most likely out of luck. It is not protected under labor law, employment law (unless your union negotiated that point specifically), and is not a protected category.
I personally would prefer the frequent testing or proof of antibodies as alternatives (it would lessen the political polarity of the issue), but I’m not overreacting and pretending like a vaccine mandate is equivalent to rounding up Jews in German-occupied Poland. In the scheme of things that Americans have suffered (but legally and illegally) at the hands of our governments and our employers, this vaccine is diminutive.
Biden’s mandate that covers private companies which are not government contractors is questionable (I’m interested to see how the appeals go), but any org/company which has existing service/vendor contracts with the federal government is likely to be reaffirmed.
SCOTUS ruled over a century ago that vaccines are reasonable to be mandated by governments under certain conditions. There is no federal mandate for all residents, but any city/state that wants to mandate it is supported by jurisprudence. It is honestly really worrying that Republican legislators in many states are rolling back legal requirements for vaccines of far deadlier diseases while virtue signaling their political allegiance against COVID vaccines.
I think you also ignore how much Americans already tolerate when you pretend like one of three well tested vaccines is something that will cause mass unrest.
> SCOTUS ruled over a century ago that vaccines are reasonable to be mandated by governments under certain conditions.
So are we ok with anything that has been "ruled" already? Or only when the ruled thing goes in line with what we think? Because a lot of stuff has been ruled in the past 2 centuries that I'm sure you would scream bloody murder if someone from the other side defended it.
You've fallen for a misconception that there are 2 types of states in the US as regards the type of reasons an employee can be fired: "at will," and "right to work." That's incorrect. In fact, when it comes to being able to be fired for almost arbitrary reasons (e.g. boss doesn't like the color of your car, or something), there are 2 types of states, but they are "at will," and "Montana."
Let me explain that a bit.
First of all, "at will" and "right to work" are neither opposites nor mutually exclusive. "Right to work" simply means that, if there is a union in the company, people who join the union can't be forced to contribute to the union. [0] In other words, it bans what are called "union shops." As you can tell, this has literally nothing to do with the legal reasons which one can be fired for. Every "right to work" state is also an "at-will" state.
"At will" means pretty much what you think it does: that, absent a specific employment contract stating otherwise, an employee can be fired for almost any reason that isn't considered discriminatory or retaliatory under federal law. [1] There are some nuances to this, but, employers know how to do the dance to get around these things, for the most part, so, you're probably not going to fall under any of the exceptions. Chances are pretty good, actually, that you acknowledged that you are an at-will employee in your offer letter.
Now... Montana. Montana is the oddball here. In Montana, once you've worked for an employer for 1 year, or the length of the probation period specified in that employer's policies, you can't be fired without "good cause." Under Montana law, "Good cause is generally defined, in Montana, as reasonable job related grounds for dismissal based upon (1) a failure to satisfactorily perform job duties, (2) disruption of the employer’s operation, or (3) other legitimate business reasons." [2]. Specifically, an employee can't be fired for "no reason," or a silly reason like "boss doesn't like the color of your car."
Montana is completely unique in this regard. No other state offers this kind of protection to an employee.
So, to summarize: "right to work" has nothing to do with "at-will," and all states are "at-will" except for Montana.
The ruling that you mention was also used to sterilize disabled people. It is funny that you mention Nazi Germany...they did that there too. But, of course, everyone else is just overreacting, the ends justify the means, only people of true vision can break free of the rules that limit others, the ubermensch has appeared, hail.
And yes, there are medical exemptions, there are religious exemptions, there are lots of exemptions because, again, it is fairly obvious that the state forcing people to have medical procedures is not a good idea. Trying to say that you have suffered so much already (please, pathetic) so the vaccine is fine is one of the weakest arguments. That can be used to justify anything if you just tell people how hard your life is. You have no moral compass. Something is a good idea or not.
And on the core issue: Florida makes qualifying for unemployment extremely difficult for anyone who applies. The current governor even blamed the previous one (both Republicans) for creating an unemployment application website that is designed to improve denied claims rates. It is an “at will” work state last I checked, so your employer has _lots_ of freedom to fire Florida employees.
This new legislation is a blatant move by the legislature to signal political allegiance with vaccine resisters and given them special treatment that people who are fired for different reasons don’t get — this is what your parent comment was pointing out.
Doctors, police, nurses and home health aides directly harm the public they serve by not getting vaccinated. They are themselves more at risk to spread the virus in higher viral load quantities over longer periods of time and are more at risk of death themselves. They should be fired and not coddled for taking a stance against modern medicine.
> To be totally clear: your employer cannot require you to have a medical procedure, and then fire if you do not comply
The principle of requiring healthcare staff to get the vaccine is already established. Most countries in Europe already do this. This is not the same thing as requiring all employees to be fired if they fail to have a medical procedure that the President deems necessary. Your point, however, is totally anti-science: 500 years ago, would you ask for someone to be fired because they didn't use the appropriate amount of leeches? It is amazing that the people who go on about this kind of thing don't understand basic elements of what science is.
So your employer is allowed to sterilise employees with disabilities? Perhaps only those employees with mental illness? If you question whether this is realistic, this happened in the US 70 years ago, and the very same principle was used to sterilise disabled people en masse. The ends do not justify the means, this is ubermensch ideology (only those who can rise above morality and do things that others are unwilling to do will possess the future...it is madness, it is something that hasn't existed in politics since the 30s...and, to be clear, it existed in the US too).
thephyber|4 years ago
Citation needed.
Vaccine requirements are not out of the norm for most jobs. And in “at will” work states, if your demand to not have a vaccine isn’t in your employment contract, you are most likely out of luck. It is not protected under labor law, employment law (unless your union negotiated that point specifically), and is not a protected category.
I personally would prefer the frequent testing or proof of antibodies as alternatives (it would lessen the political polarity of the issue), but I’m not overreacting and pretending like a vaccine mandate is equivalent to rounding up Jews in German-occupied Poland. In the scheme of things that Americans have suffered (but legally and illegally) at the hands of our governments and our employers, this vaccine is diminutive.
Biden’s mandate that covers private companies which are not government contractors is questionable (I’m interested to see how the appeals go), but any org/company which has existing service/vendor contracts with the federal government is likely to be reaffirmed.
SCOTUS ruled over a century ago that vaccines are reasonable to be mandated by governments under certain conditions. There is no federal mandate for all residents, but any city/state that wants to mandate it is supported by jurisprudence. It is honestly really worrying that Republican legislators in many states are rolling back legal requirements for vaccines of far deadlier diseases while virtue signaling their political allegiance against COVID vaccines.
I think you also ignore how much Americans already tolerate when you pretend like one of three well tested vaccines is something that will cause mass unrest.
unabirra|4 years ago
So are we ok with anything that has been "ruled" already? Or only when the ruled thing goes in line with what we think? Because a lot of stuff has been ruled in the past 2 centuries that I'm sure you would scream bloody murder if someone from the other side defended it.
actually_a_dog|4 years ago
You've fallen for a misconception that there are 2 types of states in the US as regards the type of reasons an employee can be fired: "at will," and "right to work." That's incorrect. In fact, when it comes to being able to be fired for almost arbitrary reasons (e.g. boss doesn't like the color of your car, or something), there are 2 types of states, but they are "at will," and "Montana."
Let me explain that a bit.
First of all, "at will" and "right to work" are neither opposites nor mutually exclusive. "Right to work" simply means that, if there is a union in the company, people who join the union can't be forced to contribute to the union. [0] In other words, it bans what are called "union shops." As you can tell, this has literally nothing to do with the legal reasons which one can be fired for. Every "right to work" state is also an "at-will" state.
"At will" means pretty much what you think it does: that, absent a specific employment contract stating otherwise, an employee can be fired for almost any reason that isn't considered discriminatory or retaliatory under federal law. [1] There are some nuances to this, but, employers know how to do the dance to get around these things, for the most part, so, you're probably not going to fall under any of the exceptions. Chances are pretty good, actually, that you acknowledged that you are an at-will employee in your offer letter.
Now... Montana. Montana is the oddball here. In Montana, once you've worked for an employer for 1 year, or the length of the probation period specified in that employer's policies, you can't be fired without "good cause." Under Montana law, "Good cause is generally defined, in Montana, as reasonable job related grounds for dismissal based upon (1) a failure to satisfactorily perform job duties, (2) disruption of the employer’s operation, or (3) other legitimate business reasons." [2]. Specifically, an employee can't be fired for "no reason," or a silly reason like "boss doesn't like the color of your car."
Montana is completely unique in this regard. No other state offers this kind of protection to an employee.
So, to summarize: "right to work" has nothing to do with "at-will," and all states are "at-will" except for Montana.
---
[0]: https://en.wikipedia.org/wiki/Right-to-work_law
[1]: https://en.wikipedia.org/wiki/At-will_employment
[2]: https://kortumlawoffice.com/areas-of-practice/employment-law...
hogFeast|4 years ago
And yes, there are medical exemptions, there are religious exemptions, there are lots of exemptions because, again, it is fairly obvious that the state forcing people to have medical procedures is not a good idea. Trying to say that you have suffered so much already (please, pathetic) so the vaccine is fine is one of the weakest arguments. That can be used to justify anything if you just tell people how hard your life is. You have no moral compass. Something is a good idea or not.
thephyber|4 years ago
This new legislation is a blatant move by the legislature to signal political allegiance with vaccine resisters and given them special treatment that people who are fired for different reasons don’t get — this is what your parent comment was pointing out.
tandymodel100|4 years ago
> To be totally clear: your employer cannot require you to have a medical procedure, and then fire if you do not comply
They can, have, and should.
hogFeast|4 years ago
So your employer is allowed to sterilise employees with disabilities? Perhaps only those employees with mental illness? If you question whether this is realistic, this happened in the US 70 years ago, and the very same principle was used to sterilise disabled people en masse. The ends do not justify the means, this is ubermensch ideology (only those who can rise above morality and do things that others are unwilling to do will possess the future...it is madness, it is something that hasn't existed in politics since the 30s...and, to be clear, it existed in the US too).