patrick.net

Ok...trying this again. But if I so much as get ANY crap from @EBGuy, I don't care about what the 'rules' say. I shall unleash. FYI @Patrick

Context: VP at work told us we will start going back into the office 'soon'. Everyone will be required to be there at least 3 days a week. And it has to be the same days the rest of the team is because of something called 'teamwork synergy'.

Nevermind asking, "WTF was going on when everyone was working remotely with Slack and Zoom then?"

Then I found out thru the grapevine that when this goes down, everyone will be required to be COVID vaccinated.

Except that legally from what I can determine they can't do that.

This is because the vaccines are not FDA approved yet. That won't happen for another two years, at least. What approval they have now is called Emergency Use Authorization. EUA, for short. Memorize that acronym as you will no doubt be hearing about it more and more.

Congress set explicit language in the EUA law that says that NO ONE can be forced to take the EUA vaccinations. Not even hospital workers.

AND, most states have laws that allow you to sue an employer if they fire you for refusing to not comply with federal laws as well as state ones. This includes getting full reimbursement for legal fees from the employer, in addition to the usual damages.

I do not know if this is the case in CA.

There are other articles out there where EEOC and California's commie equivalents have issued GUIDELINES or GUIDANCES that say otherwise. Guidelines have no force of law to them, tho. So they are all legal bullshit.

But what the real thing you must know is that nothing has gone to court yet over this. And until some lawsuits happen followed by establishment of case law on this subject, the above can still be up in the air in actuality.

Now, this alone would make one think that legal depts for every company out there would warn management that they can't require COVIDE vaccinations on employees against their will until some judge...probably SCOTUS ones...say they can, damn the law Congress wrote.

Which means...in my opinion....companies that tow this line are really bluffing. All one has to do is refuse to comply and they will fold, on an individual case-by-case basis.

But that is just MY OPINION. This post is not meant to be a form of any real legal advice and you should consult with a licensed attorney if you really want to get any VALID dirt this or any other subject of the law that you read on-line.

Reading material: https://www.statnews.com/2021/02/23/federal-law-prohibits-employers-and-others-from-requiring-vaccination-with-a-covid-19-vaccine-distributed-under-an-eua/