Posted on 09/17/2020 6:44:36 PM PDT by DoodleBob
The eventual COVID-19 vaccine is primed to create a legal showdown for many employers.
According to a summer Gallup poll, 35% of Americans would not get a free, FDA-approved vaccine if it were available today.
This places companies in a predicament. How can they protect their employees if more than one-third are unwilling to take the vaccine?
The default rule in the American workplace—excluding employers in Montana and Puerto Rico—is to observe at-will employment, which generally means employees can be terminated for any reason if it’s not illegal or prohibited by employment contracts or collective bargaining agreements, says Alissa Kranza, attorney at Lieser Skaff Alexander law firm.
“Employers need to stay informed of the particular laws in their state and look at their particular employee contract, agreement or handbook to determine what specific situations will allow for termination,” she says. “Ultimately, those contracts will dictate whether or not termination is allowed for refusing a vaccine.”
Since the virus travels across state lines, there’s also been talk of Congress mandating a vaccine under the commerce clause, but Kranza believes this is unrealistic. She says employee rights would be at risk and it could trigger an avalanche of lawsuits.
Unfortunately, there isn’t a uniform practice for what HR can do. Every industry is different. So are their employees and jobs. She suggests that HR evaluate the makeup of its workforce and review current policies or processes for handling exemption requests. For those needing a religious exemption, it’s not the religion itself that matters, she explains, but the sincerity of the employee’s belief in those practices, even if they’re not widespread.
Employees may also refuse a vaccination under OSHA or ADA laws if it threatens to do more harm than good. Some may take biologics or drugs that weaken the immune system, for example, which increases their risk of catching the virus, becoming seriously ill or even dying.
In such scenarios, Kranza says, protected workers will require accommodations, such as working remotely, or being reassigned to other jobs where they can use a plexiglass screen, social distance, wash their hands or wear a mask.
Meanwhile, HR is better off making vaccines optional versus mandating them, which tends to sour or terminate employee relationships, she says, adding that HR can launch a pro-vaccine campaign. However, if someone has a bad reaction to the vaccine, that could result in a worker’s compensation claim.
Looking ahead, Kranza says, HR’s path is “clear as mud.”
“There are a lot of [people] who want to push this as though things are clear and employers can force everyone [to get vaccinated] and there won’t be any backlash,” she says. “We’re a big country and will get different reactions.”
My guess is every major company in America is going to have the same rule for their employees.
Ditto for schools.
You’ve evaded my questions at #40 3 times.
“For those who refuse do you support the government shutting their water and power off until they comply?”
No, that is stupid. Quit your job and stay in your home for as long as you can afford to keep the lights on with no job.
What about the thousands of service people who go into companies for whatever the issue? What about the tens of thousands of people who visit these companies daily? What about millions of retirees? Will they too be forced to take the injection?
What about millions of independent contractors?
My guess is everyone will get the shot within a year or so.
And what about other viruses? Will all these companies ignore all other viruses or will everyone be forced to get injections for every known virus? And who will decide?
You guess wrong.
OK...lol
I will take the vaccine.
I sure will support anyone that says they will not. That is their right and is stupid. Those that will not will be part of thinning the herd and raising the collective IQ of the nation.
You definitely guess wrong. If you want to be a sheep, fine, but don’t think that your cowardice is reflective of everyone else.
Thinning herd? You mean from a virus that 99% of people recover from?
Won’t be too much thinning there.
I’ll take the vaccine — but no more mask, right?
I’m not infectious and can’t catch it. I’m good to return to normal life. So long, mask of fear!
If they still want to force masks on the vaccinated... why?
Kindly explain how getting a vaccine thatches gone through all phases of clinical trial and demonstrates antibody formation is “shhep” and “cowardice”. Seems to me you want to force your stupidity and ignorance on everyone ... would be one way to look at it.
If your an employee working in a hospital or a clinic you get bet your paycheck that you will be required to get that vaccine. Just like other mandatory things like Test for tuberculosis and other communicable diseases.
If you refuse you can be fired.
Screw vaccines. All of them
Colloidal silver.
Now your ignorance is showing, Karen. If you want to get the vaccine. Fine. I don’t care. I have a problem when you want to force ME to get the vaccine.
It’s you who wants to force your opinion on everyone else and use the force of government and violence to control anyone who doesn’t agree with you.
Nice projection there, Karen.
Will it stop with just employment? What if it extends to accessing any public place or private establishment? Starts to sound like Revelation 13:17.
“My guess is everyone will get the shot within a year or so.”
Here is someone who won’t.
I’m not poisoning my body for some weak little Chinese flu, which I have no chance in Hell of catching.
Karen
Urban Dictionary
https://www.urbandictionary.com/define.php?term=Karen
“The stereotypical name associated with rude, obnoxious and insufferable middle aged white women.
Karens take everything wrong with the typical over entitled western woman and crank it up by several thousand percent. They are a mutated subspecies that descends from the Soccer Mom, and have many of their traits. Such as a short temper, a crown bowl haircut, an unnecessarily large SUV to take her kids to soccer practice and be a menace on the road, etc etc. But Karens have developed their own unique characteristics /antics as well. Including but not limited to;...”
[Page 2]
https://www.urbandictionary.com/define.php?term=Karen&page=2
Karen
“...A slang word referring to female baby boomers. Since Karen was a popular name of that generation,...”
Karen
“...A middle aged white woman who drives her kids to sports games in an SUV, one wrong call from the ref and she’ll have them sued, and has a bob cut. Absolutely LOVES talking to the manager about not getting a sauce packet.”
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