Vaccine Mandates And Employee Termination: Arbitrary And Capricious

 On October 25, 2022, the NY State Supreme Court acted to reinstate all employees terminated for non-compliance with the State COVID-19 vaccine mandates.

The ruling late last week by the Appellate Division of the New York State Supreme Court means that even though the state rescinded its COVID-19 vaccine mandate for healthcare workers, an earlier Supreme Court ruling that struck down the mandate will stand - meaning the state's health department, governor and health commissioner "Lack the legal authority" to institute vaccine mandates in the future.

Unfortunately in many states, due to the enormous wall of disinformation, propaganda, gaslighting and defamation that the Federal Government, vaccine manufacturers and corporate media have erected, courts have yet to hear the news that the COVID-19 gene therapy-based vaccines do not prevent infection or spread of the SARS-CoV-2 virus, and judges are blocking cases seeking compensation for arbitrary and capricious termination consequent to employee failure to comply with hospital, school, university and corporate COVID-19 vaccine requirements.

The CDC study also examined whether vaccine effectiveness differs for adults with increasing time since completion of all recommended vaccine doses.

Depending on whether a hypothetical employee were to be infected with either the Delta or Omicron variants of SARS-CoV-2, these data from that time period indicate the vaccine effectiveness of the mRNA vaccines then available for COVID would be in the range of 66% to "Not effective" for prevention of infection after two doses.

If an employee was to have been provided the opportunity to laboratory test and certify infection status thrice weekly, in accordance with the NIH protocol published 15 September 2021, thereby demonstrating evidence of the absence or presence of SARS-CoV-2-derived nucleic acids or clinical COVID symptoms, coupled to compliance with appropriate quarantine procedures including working from home and/or avoidance of workplace(s) in the event of evidence of SARS-CoV-2 nucleic acid or COVID symptoms, this would have provided clearly superior protection of other members of the employer's community from any infection which the employee might have contracted.

Finally, based on the information known to both CDC and the public as of July 30, 2021, the cited literature, and subsequent additional peer reviewed literature including that noted above concerning the leakiness of the available vaccines, it is highly likely that rigorous examination of employee health records will reveal multiple examples of vaccinated employees who contracted SARS-CoV-2 infection with or without COVID disease despite being fully compliant with an employers' mandatory vaccination policy.

https://brownstone.org/articles/vaccine-mandates-employee-termination-arbitrary-capricious/