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Old 09-10-2021, 12:46 AM
 
Location: Arizona
13,313 posts, read 7,359,184 times
Reputation: 10124

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Quote:
Originally Posted by FrankNSense View Post
It is unlikely that an individual would be able to sue if they are fired. Based on how this is being done they are going after the employer, not the employees. So if an employee is fired they likely will not have a claim. However, if an employer decides to not enforce the regulation and is fined. If this is determined to be unconstitutional the employer may have a valid claim to have the fine removed and/or refunded if they actually paid it.

As for the injury. That is difficult(but not impossible) to prove with FDA-approved vaccines. But these are not FDA approved, they are still all under the Emergency Use Authorization. The only "approved" COVID vaccine is not available. However, if there is a significant number of injuries due to the vaccine where they can't be suppressed, there will be a point when the Government will be forced to do something in terms of compensation. They likely would not hold the manufacturers responsible.
The Pfizer is fully FDA approved not sure why you are saying it's not available I have seen places offering Pfizer vaccine.

https://www.fda.gov/news-events/pres...vid-19-vaccine

Biden's AG was smart to go after employers most will just comply its the cheapest way, and if anyone complains they just say they are following the law. Some employers will fight back but not many majority of Americans will be forced to vaccinate.
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Old 09-10-2021, 03:15 AM
 
Location: Florida
23,175 posts, read 26,230,174 times
Reputation: 27919
Quote:
Originally Posted by kell490 View Post
Most will just get the vaccine not give up their employment only talk tough but they won't quit.
Agree. It's easier to comply than stand firm with no paycheck.
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Old 09-10-2021, 03:19 AM
 
7,243 posts, read 4,563,189 times
Reputation: 11941
Quote:
Originally Posted by snowmountains View Post
Curious: are supreme court justices subject to the mandate as fed employees?
The policy does not apply to congress or the judiciary.
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Old 09-10-2021, 09:26 AM
 
Location: Arizona
13,313 posts, read 7,359,184 times
Reputation: 10124
Quote:
Originally Posted by Arya Stark View Post
The policy does not apply to congress or the judiciary.
I wonder if that is because separations of powers between the 3 branches of Government most likely.
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Old 09-10-2021, 09:51 AM
 
5,582 posts, read 2,315,784 times
Reputation: 4809
Quote:
Originally Posted by snowmountains View Post
Curious: are supreme court justices subject to the mandate as fed employees?
All the SCOTUS justices are already vaccinated. But they aren't under the executive branch so they don't have such mandate.

https://abcnews.go.com/Politics/vacc...ry?id=77266020

All nine members of the court have been fully-vaccinated for COVID-19, a spokeswoman said.
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Old 09-10-2021, 09:59 AM
 
13,499 posts, read 4,320,825 times
Reputation: 5406
Quote:
Originally Posted by kell490 View Post
The lawsuit would have to be from the employer not the employee. They are mandating the employer not the citizen. It's a sneaky move most employers are not willing to spend millions on legal fees for a minority of employees who refuse to vaccinate plus they have the CDC, and FDA on their side. If you lose your job you have to sue your employer not the government likely you won't win that because private business in many states are "At Will employed". Republicans pushed though laws years ago to allow employers to terminate you for almost any reason other then racism, or sexual harassment.

I don't see any way around this just have to quit your job if you don't want to vaccinate find employment elsewhere. Most will just get the vaccine not give up their employment only talk tough but they won't quit.

the employees can sue the employer. Medical conditions for not taking a drug could end up in trial. The last thing employers want is being stuck in court or bad publicity. Especially if an employee dies for being forced to take a vaccine that was harmful to their condition or got really bad after taking the vaccine. Yes, they can sue. I would. Plenty of trial lawyers that would love to take a crack and make a name for themselves.
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Old 09-10-2021, 10:37 AM
 
947 posts, read 923,576 times
Reputation: 1850
How about a class action lawsuit for people who've lost their loved ones to Covid against those who have publicly encouraged people to spread the virus around, without either masking or getting vaccinated ?

Let's face it, the same people who refuse to vaccinate also refuse to wear masks. They won't do ANYTHING to prevent the spread of the disease. And there are people who are encouraging this pro-virus spreading attitude. People are dying from it. Shouldn't their families be able to sue for the loss of their loved ones?
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Old 09-10-2021, 10:41 AM
 
Location: Arizona
13,313 posts, read 7,359,184 times
Reputation: 10124
Quote:
Originally Posted by SanJuanStar View Post
the employees can sue the employer. Medical conditions for not taking a drug could end up in trial. The last thing employers want is being stuck in court or bad publicity. Especially if an employee dies for being forced to take a vaccine that was harmful to their condition or got really bad after taking the vaccine. Yes, they can sue. I would. Plenty of trial lawyers that would love to take a crack and make a name for themselves.
They can sue my employer gets sued all the time by employees 99% are dismissed by the judge. I read these lawsuits first motion after they answer the complaint is motion to dismiss. Good attorney's don't work for free, and they don't take these cases on contingency unless it's a very strong case. The employer can deflect any deaths on the vaccine manufacture who has immunity from lawsuits. The employer just say they were complying with federal laws judges will go with the CDC and FDA.

The only way around this is for states to sue which will happen and this will end up in the supreme court if they refuse to hear it Biden got what he wanted majority of Americans vaccinated.

Last edited by kell490; 09-10-2021 at 10:49 AM..
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Old 09-10-2021, 10:43 AM
 
Location: Free State of Florida
4,962 posts, read 2,245,543 times
Reputation: 5851
Quote:
Originally Posted by tlarnla View Post
How about a class action lawsuit for people who've lost their loved ones to Covid against those who have publicly encouraged people to spread the virus around, without either masking or getting vaccinated ?

Let's face it, the same people who refuse to vaccinate also refuse to wear masks. They won't do ANYTHING to prevent the spread of the disease. And there are people who are encouraging this pro-virus spreading attitude. People are dying from it. Shouldn't their families be able to sue for the loss of their loved ones?
Might work as long as your loved one did not pass on COVID to someone else resulting in their death. Then you might find you're facing the end of your own sword.
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Old 09-10-2021, 10:43 AM
 
Location: Sector 001
15,948 posts, read 12,309,285 times
Reputation: 16113
They have the liability protections in place so you can't sue for getting the vaccine, but then they force people to get the vaccine. Definitely shady.
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