COVID ULTIMATUM GUIDE - A comprehensive guide for folks facing imminent "vaccinate or terminate" employment policies.
Editors Note: This is the best advice I have seen for anyone facing employer mandated forced vaccination. I only posted the introduction here. You will have to click the link at the bottom to read the entire document which gives very good advice - the most important of which is DO NOT QUIT! Share this!
by Jeff Childers, Coffee & Covid, October 11, 2021
It’s the second Monday in October and it feels like another dam is breaking. Southwest pilots and FAA traffic controllers walked off the job this weekend, protesting injection mandates and creating aerial chaos with literally thousands of flights canceled. Will Biden fire them all like Reagan did in the 80’s?
Even though there’s more news today than lies in a CDC press conference, a lot of folks are facing imminent injection ultimatum deadlines. Should they resign? Take the jabs? Try to sue? What to do? Today I’m offering suggestions to all those folks who are facing reprehensible employment policies that treat them like cattle. Send to everyone who needs to see this.
🗞*GUIDE TO EMPLOYER INJECTION ULTIMATUMS* 🗞
The first thing you need to do is buck up. This is a spiritual war, and you need to be in top mental form to fight. They overwhelmed us; we lawyers are working on it night and day but there just aren’t enough of us to get in front of enough courts in the short amount of time before termination deadlines kick in. So get yourself ready to fight for yourself for now, if you have to:
— Gen. George S. Patton.
“We, too, born to freedom, and believing in freedom, are willing to fight to maintain freedom. We, and all others who believe as deeply as we do, would rather die on our feet than live on our knees.”
— Franklin Delano Roosevelt
Look, this is an awful situation. But don’t feel hopeless or powerless. You have the high ground, morally and legally. Just because they are doing a bunch of lawless stuff, fast, doesn’t mean there won’t eventually be justice. Why do I say that? Not only is what they’re doing patently unconstitutional, but they are dumb, deluded, and desperate. Desperate because they are doing all this in such a hurry to stay away from the courts. And when you do things in a hurry, you make mistakes. They are going to make a LOT of mistakes.
What your employer is doing is also wicked. The Bible has a lot to suggest about what happens to people who plot wicked schemes against you:
“May ruin befall them by surprise; may the net they hid ensnare them; may they fall into the hazard they created.”
— Psalm 35:8
“He has dug a hole and hollowed it out; he has fallen into a pit of his own making.”
— Psalm 7:15.
“They spread a net for my feet; my soul was despondent. They dug a pit before me, but they themselves have fallen into it! Selah.”
— Psalm 57:6.
“Let the wicked fall into their own nets, but let me escape.”
— Psalm 141:10.
✊ *MANDATORY DISCLAIMER* ✊
Before we get started, since I’m a lawyer, here’s the mandatory disclaimer that I’m required to give you. This post is not legal advice. I am not your lawyer and this post does not create any attorney-client relationship. Use any suggestions herein at your own risk and consult your own counsel.
Now, let’s get going.
✊ *FIRST PRINCIPLES* ✊
Your employer is wrong.
What they are doing is illegal and unconstitutional. If it’s a government employer, they are violating Planned Parenthood v. Casey, Roe v. Wade, and a long line of bodily integrity cases flowing from those cases. The Methodist Hospital case and its sad progeny have been wrongly decided; threats of loss of employment ARE well-known to be coercive. See, e.g., Am. Fed’n of State, County & Mun. Employees Council 79 v. Rick Scott, 717 F.3d 851, 874 (11th Cir. 2013) (“In effect, the State is offering its employees this Hobson’s choice: either they relinquish their Fourth Amendment rights and produce a urine sample which carries the potential for termination, or they accept termination immediately … To begin with, we do not agree that employees’ submission to drug testing, on pain of termination, constitutes consent under governing Supreme Court case law”).
The “vaccinate or terminate” policy is no less wrong because your employer is a private company (meaning, not run by government). The reason is because your private employer would not have done this BUT FOR the government coercing them to. The government can’t do something THROUGH a private actor that it would be illegal to do directly. See, e.g., Hammerhead Enterprises, Inc. v. Brezenoff, 707 F. 2d 33 (2d. Cir. 1983) (“Where comments of a government official can reasonably be interpreted as intimating that some form of punishment or adverse regulatory action will follow the failure to accede to the official’s request, a valid claim can be stated.”).
✊ *FIRST STEPS* ✊
Unless you have a solid financial reason, DO NOT QUIT. If you resign, you torch your rights to sue your employer later for damages if they wrongfully fire you. That’s exactly what they want you to do.
There will be a flotilla of arguments to sue private companies for wrongful termination, don’t you worry. When the dust clears, there is going to be a thousand times as much litigation over these firings than all the tobacco litigation put together. These employers aren’t going to know what hit them.
All these employer policies are designed to convince you to resign. That’s the best-case scenario for the employer. It absolves them from liability. They’ll argue, who knows WHY the person quit? Could have been any reason. Uh-huh. I’ve seen memos stating that, “If you do not sign this acknowledgment [to inject], then you will be deemed to have resigned.” First of all, that’s bogus and unenforceable. Second, don’t sign it, and don’t resign.
If you quit, you’ll be ineligible for unemployment benefits. Those benefits cost your employer a lot of money. Make them pay.
What are some sound reasons to quit? Say you’ve already found a better job. Take it and go. Or maybe you’re eligible for retirement or early retirement. Take the retirement and THEN go find another job. But if you don’t have a compelling financial reason, DO NOT QUIT.
If you’ve already quit, don’t worry about it. We can still argue that you were constructively terminated. See, e.g., [Constructive dismissal - Wikipedia].