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Vaccine mandate and your employer

CLdrinker

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So since CA employees are at will. If an employer enforced the mandate is their no legal recourse if you choose not to get the vaccine?
 

Wizard29

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wont work, have to be electronically verified

Curious how this works. Has a consolidated database been established to identify who has been vaccinated and who has not? If so, how far back does it go? I have to imagine that back in January or whenever people started getting the shot there was no electronic recording of any type.
 

Universal Elements

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Curious how this works. Has a consolidated database been established to identify who has been vaccinated and who has not? If so, how far back does it go? I have to imagine that back in January or whenever people started getting the shot there was no electronic recording of any type.

yes


Look at their FAQ

This article has some info

 

spectra3279

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again request your employer provide to you every other empoyees proof of negetive hiv, hepetites, covid and so on for your safety!


And have them sign legal documents that state if you have an adverse reaction, they are monetarily liable for all expenses and possibly the rest of your life
 

CLdrinker

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And have them sign legal documents that state if you have an adverse reaction, they are monetarily liable for all expenses and possibly the rest of your life
Lol yeah that will happen when pigs fly.

Company has 13,000 employees they could give a fuck about a couple hundred. They said so this morning in our company live stream.

Sounds like it’s either vaccine or goodbye.
 

just_floatin

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Same here. Vax or hit the road. It is what it is in a right to work state. For now, I wait it out for the severance package unless my employer decides to cut that too. I will find out my employment status if and when I return to office in October.
 

CLdrinker

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No middle ground for c19 testing?
Testing would be weekly. They didn’t sound to found of it.

January is my return to work date. And I will be working in the office every Wednesday and the 3rd Thursday. Other than that I am home based.

Not sure why they just don’t make me home based permanently
 

was thatguy

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My current outfit has about 135 employees or so in AZ.
The owner is against mandatory vax, but the latest phone conference added the words “unless it becomes necessary”, meaning required by clients on their property, such as, but not limited to, mines.
At that point I will exit.
I will do a vax if necessary...but not for that wage.
I might be cheap, but I’m not free!
Im really not scared of covid at all, and by extension am not scared of the vax either.
 

RCDave

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Testing would be weekly. They didn’t sound to found of it.

January is my return to work date. And I will be working in the office every Wednesday and the 3rd Thursday. Other than that I am home based.

Not sure why they just don’t make me home based permanently
The way I read the mandate is either a) had the "flu shots" or b) weekly testing
 

Wizard29

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Flying_Lavey

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yes


Look at their FAQ

This article has some info

BTW, unless something happened that I am unaware of, there was a measure to approve a government health records system that was voted down a few years ago. So unless something changed, I do believe this vaccinated list would be against the law.
 

LargeOrangeFont

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BTW, unless something happened that I am unaware of, there was a measure to approve a government health records system that was voted down a few years ago. So unless something changed, I do believe this vaccinated list would be against the law.

Asking employees anything about their health status is against the law too.

We ignore the laws that don't fit our narrative now.
 

Backlash

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Vote for the weekly testing and hope that your employer tires of paying the ridiculous weekly fees for testing. If they are mandating the tests, then they have to fund said testing. Once they realize what that costs for X number of employees, I would imagine they will cancel that requirement. Just a hope I have.
 

RitcheyRch

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Some companies are trying to get the employee to pay for the testing to push them towards the vaccine.


Vote for the weekly testing and hope that your employer tires of paying the ridiculous weekly fees for testing. If they are mandating the tests, then they have to fund said testing. Once they realize what that costs for X number of employees, I would imagine they will cancel that requirement. Just a hope I have.
 

Backlash

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That's bullshit. Man I hope you guys have strength in numbers. 🤬
 

Wizard29

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Vote for the weekly testing and hope that your employer tires of paying the ridiculous weekly fees for testing. If they are mandating the tests, then they have to fund said testing. Once they realize what that costs for X number of employees, I would imagine they will cancel that requirement. Just a hope I have.

They'll just make the employee pay for it using the argument that the vaccine is the lower cost option and the employee is electing to use the higher cost option. Therefore, since it is the employees decision, the employer should not have to bear the cost.

That is on the table for employers in this situation. I'm not saying I agree with that argument, but it's there. It's all part of the strategy to constantly wear down the unvaccinated and cost them money until they tire out and comply.
 

RCDave

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They'll just make the employee pay for it using the argument that the vaccine is the lower cost option and the employee is electing to use the higher cost option. Therefore, since it is the employees decision, the employer should not have to bear the cost.

That is on the table for employers in this situation. I'm not saying I agree with that argument, but it's there. It's all part of the strategy to constantly wear down the unvaccinated and cost them money until they tire out and comply.

They have no idea my resolve to remain in control of my own decisions and what goes into my human body.
 

Singleton

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My company has not released the notice yet. Got a preview = if your position was an office position prior to Covid - vax will be required (even if your now remote). If remote before Covid - employee optional. Sales positions - customer requirement will determine that.

With that said, HR said nothing is being done until the formal OSHA policy is announced and that OSHA regulation is still not published. Any company taking action prior to the OSHA reg being released is open to liability
 

SNiC Jet

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Alabama bill would let workers sue if they get sick from employer-mandated COVID vaccines

Three state lawmakers have filed a bill that would allow workers to sue their employers for any “adverse reaction” they receive from COVID-19 vaccines mandated by their job.

1632518748461.gif
 

CLdrinker

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Vote for the weekly testing and hope that your employer tires of paying the ridiculous weekly fees for testing. If they are mandating the tests, then they have to fund said testing. Once they realize what that costs for X number of employees, I would imagine they will cancel that requirement. Just a hope I have.
My guess is they are well aware of that and will just say vaccine or don’t let the door hit you in the ass
 

gqchris

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I just got the email from my employers HR dept at 4:45 pm. Directly asking me if I am vaccinated and if not ill be testing weekly. I am 100% remote, but am told that I should set an example since I am in a Director position. Shit ruined my Friday night already. I am steaming.
 

just_floatin

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I just got the email from my employers HR dept at 4:45 pm. Directly asking me if I am vaccinated and if not ill be testing weekly. I am 100% remote, but am told that I should set an example since I am in a Director position. Shit ruined my Friday night already. I am steaming.
Don’t let it ruin your weekend buddy. I had to attend mandatory indoctrination training about the myths of the covid 19 vaccination. It was straight up crazy with some quack from the CDC wearing a plaid shirt on a zoom call. Every other word was umm and references like “many many people” instead of actual numbers. This covid 19 presentation only further solidified my decision to stay Pureblood. The following day I received a survey on workplace stress. I was like WTF is this. Straight up 🤡🌎 shit. Hurry Up and lay me off already 🤣
 

gqchris

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Don’t let it ruin your weekend buddy. I had to attend mandatory indoctrination training about the myths of the covid 19 vaccination. It was straight up crazy with some quack from the CDC wearing a plaid shirt on a zoom call. Every other word was umm and references like “many many people” instead of actual numbers. This covid 19 presentation only further solidified my decision to stay Pureblood. The following day I received a survey on workplace stress. I was like WTF is this. Straight up 🤡🌎 shit. Hurry Up and lay me off already 🤣
Thanks Brotha! I knew it was coming, just cant believe with what speed it is being ramped up. Everything that we feared is happening. I have no clue why this is being forced upon us if we are remote. Just crazy times sir!
 

Universal Elements

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I just got the email from my employers HR dept at 4:45 pm. Directly asking me if I am vaccinated and if not ill be testing weekly. I am 100% remote, but am told that I should set an example since I am in a Director position. Shit ruined my Friday night already. I am steaming.

You should’ve told HR something along these lines...

1632542448547.jpeg
 

just_floatin

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Thanks Brotha! I knew it was coming, just cant believe with what speed it is being ramped up. Everything that we feared is happening. I have no clue why this is being forced upon us if we are remote. Just crazy times sir!
Crazy is right. HR dropped the ban hammer today cancelling all future telecommute contracts with no renewals. If you do not live in or near a hub city you are shit out of luck when we return to office. Then there is the whole shot situation with weekly covid testing nobody has a clue about. Worlds are about to collide in the workplace especially in the middle of flu season if there is still such a thing.
 

monkeyswrench

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All this "mandate" BS really makes me sad. It doesn't really anger me yet, as it doesn't effect me...yet. When it moves to hard-core Nazi, vaxxed an un-vaxxed limiting purchases or travel, then I will be angry.

For now though, it makes me sad. So many of you have really good jobs, and lots of time invested to get there. I know of at least one inmate that admitted he took the jab solely to keep his job. That would be the definition of coercion, would it not? I'm not too sharp, no formal education, but something seems so very wrong.

So, yes, I am sad that a good deal of you will have these choices to make. I'm sad that I have no means to help anyone out of this. I'm frustrated that this is what it's come to.
 

Activated

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I just got the email from my employers HR dept at 4:45 pm. Directly asking me if I am vaccinated and if not ill be testing weekly. I am 100% remote, but am told that I should set an example since I am in a Director position. Shit ruined my Friday night already. I am steaming.
Just tell them yes, you are vaccinated even if your not. It’s a lot easier.
 

Hallett_Whacker

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I just got the email from my employers HR dept at 4:45 pm. Directly asking me if I am vaccinated and if not ill be testing weekly. I am 100% remote, but am told that I should set an example since I am in a Director position. Shit ruined my Friday night already. I am steaming.
100% remote and vaccinated.

Makes 0 sense.

So when is the “Must wear a mask while driving by yourself “ mandate coming?

Ridiculous, but like someone said, don’t let it wreck your weekend.
 

Sleek-Jet

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I don't even know wherey vax card is. I kept it just long enough to get the second shot and then stuck it somewhere. So I can't prove I've had them but am not going to get another. Originally got the shots for my FIL, not to keepy job.

Guess I'm fucked and will have to test if required. I'm going to sight HIPPA if asked.
 

530RL

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I don't even know wherey vax card is. I kept it just long enough to get the second shot and then stuck it somewhere. So I can't prove I've had them but am not going to get another. Originally got the shots for my FIL, not to keepy job.

Guess I'm fucked and will have to test if required. I'm going to sight HIPPA if asked.


The state in which you received your vaccine or vaccines have a record of it. That is how the travel apps that verify vaccine status confirm one is not using a fake vaccine card.

In general, the HIPAA Rules do not apply to employers or employment records. HIPAA only applies to HIPAA covered entities such as health care providers, health plans, and health care clearinghouses - and, to some extent, to their business associates. If an employer asks an employee to provide proof that they have been vaccinated, that is not a HIPAA violation, and employees may decide whether to provide that information to their employer.


The comments that it is a violation of law for an employer to ask about the health status or vaccine status of an employee is simply wrong.
 

Racey

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Hippa and ADA both provide employee privacy from medical information

As most people are aware, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) was enacted by President Clinton to accomplish and protect employees in several ways including:

Limits the ability of a new employer plan to exclude coverage for preexisting conditions;

Provides additional opportunities to enroll in a group health plan if you lose other coverage or experience certain life events;

Prohibits discrimination against employees and their dependent family members based on any health factors they may have, including prior medical conditions, previous claims experience, and genetic information; and

Guarantees that certain individuals will have access to, and can renew, individual health insurance policies

Most people know of HIPAA for its privacy rule. However, what most people (and perhaps most attorneys) do not know is that the Americans with Disabilities Act (ADA) also possesses a privacy rulethat protects employee medical information. Specifically, the ADA states:

(3) Employment entrance examination

A covered entity may require a medical ex- amination after an offer of employment has been made to a job applicant and prior to the commencement of the employment duties of such applicant, and may condition an offer of employment on the results of such examina- tion, if—

(A) all entering employees are subjected to such an examination regardless of disability; (B) information obtained regarding the medical condition or history of the applicant is collected and maintained on separate forms and in separate medical files and is treated as a confidential medical record, ex- cept that—

(i) supervisors and managers may be in- formed regarding necessary restrictions on the work or duties of the employee and necessary accommodations;

(ii) first aid and safety personnel may be informed, when appropriate, if the disabil- ity might require emergency treatment; and

(iii) government officials investigating compliance with this chapter shall be pro- vided relevant information on request; and

(C) the results of such examination are used only in accordance with this sub- chapter.

A recent case highlights on sometimes HIPAA's privacy rule won't cover an employee like the ADA's rule does. In Blanco v. Bath Iron Works Co. and General Dynamics Corp., (U.S. Dist. Ct. of Maine), No. 2:10-cv-00429-JAW, the plaintiff was terminated for failing to disclose his Attention Deficit Hyperactivity Disorder (ADHD) when he responded to the company’s post-offer, pre-hire Medical Surveillance History Questionnaire. According to the lawsuit, the in-house physician with whom Blanco discussed his post-employment request for a reasonable accommodation accused Blanco of failing to disclose his ADHD on the medical questionnaire. Blanco further alleged that the in-house physician discussed Blanco’s allegedly false responses to the questionnaire with management in General Dynamics’ Labor Relations Department. Blanco claimed that General Dynamics terminated his employment as a result of the disclosure. The case did not allege a HIPAA violation, but, instead, alleged an ADA violation.

The Court, in denying the employer's motion to dismiss the ADA violation count, held that the ADA’s confidentiality requirement to apply not only to disclosures to third parties outside the company (except in the limited circumstances described above), but also toinner-corporate disclosures. More to the point, if the complaint’s allegations turned out to be true, the in-house physician would have violated the ADA because her disclosure of Blanco’s medical information was not necessary for managers in General Dynamics’ Labor Relations Department to accommodate Blanco or to address a work restriction, and the other two exceptions obviously did not apply. The General Dynamics decision is particularly remarkable because the court held that the ADA protects even false medical information provided by an applicant or employee to an employer.
 

Sleek-Jet

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The state in which you received your vaccine or vaccines have a record of it. That is how the travel apps that verify vaccine status confirm one is not using a fake vaccine card.

In general, the HIPAA Rules do not apply to employers or employment records. HIPAA only applies to HIPAA covered entities such as health care providers, health plans, and health care clearinghouses - and, to some extent, to their business associates. If an employer asks an employee to provide proof that they have been vaccinated, that is not a HIPAA violation, and employees may decide whether to provide that information to their employer.


The comments that it is a violation of law for an employer to ask about the health status or vaccine status of an employee is simply wrong.


If you are implying that my employer would search a govt database, then we have another issue, I didn't authorize the release of my medical information to my employer. Forcing a person to disclose their vaccine status is at the very least a violation of the 1st amendment, and if there are penalties involved, the 5th as well. Fundamentally my health records are mine and mine alone, who has access to them is my right. This is why I have to consent to a health care provider accessing my medical records and sharing such records with the insurance company when I go into the doctors office or hospital. But such a consent is not an authorization for the insurance or health care provider to share the records with my employer.

HIPPA came about partially because of AIDS disclosures in the 80s and 90s. I gotta feeling this will get tested again soon.

Racey references the ADA. Weekly testing is a reasonable accommodation, and would be paid for by the employer as such. So would requirements of me wearing a mask or remaining socially distanced at work. Or even working remotely.
 

530RL

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If you are implying that my employer would search a govt database, then we have another issue, I didn't authorize the release of my medical information to my employer. Forcing a person to disclose their vaccine status is at the very least a violation of the 1st amendment, and if there are penalties involved, the 5th as well. Fundamentally my health records are mine and mine alone, who has access to them is my right. This is why I have to consent to a health care provider accessing my medical records and sharing such records with the insurance company when I go into the doctors office or hospital. But such a consent is not an authorization for the insurance or health care provider to share the records with my employer.

HIPPA came about partially because of AIDS disclosures in the 80s and 90s. I gotta feeling this will get tested again soon.

Racey references the ADA. Weekly testing is a reasonable accommodation, and would be paid for by the employer as such. So would requirements of me wearing a mask or remaining socially distanced at work. Or even working remotely.


The assertion was that it is illegal to ask “anything” about an employees health status by the employer In post 22.

It is not illegal. And consistent with your valid point, an employee is not required to provide that information.

And consistent with both points, both or either would be free to legally end their relationship as an employer and employee.
 

spectra3279

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100% remote and vaccinated.

Makes 0 sense.

So when is the “Must wear a mask while driving by yourself “ mandate coming?

Ridiculous, but like someone said, don’t let it wreck your weekend.


I'm surprised they haven't mandated 3m respirators with hepa filters. those are about the only thing that will actually work.
 

JUSTWANNARACE

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They are now weaponizing OSHA!

Funny thing is alot of the HIPPA laws were put into place because of the HIV scare and how people/employers were discriminating against HIV+ people. So HIPPA laws were put into place that you did not have to legally reveal that information.

Now they are trying to change the whole reason the HIPPA act was put into place.

The damn "green monkeys from Africa" ruin everything🤣🤣


Kind of funny, a buddy and I were talking the other day. HIV was from "green monkeys in Africa" and COVID-19 was from "a Bat sold in the wet market". Yet both, if you read between the lines, were released by the government🤔🤷🏻‍♂️
 

wallnutz

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The assertion was that it is illegal to ask “anything” about an employees health status by the employer In post 22.

It is not illegal. And consistent with your valid point, an employee is not required to provide that information.

And consistent with both points, both or either would be free to legally end their relationship as an employer and employee.
I believe this is only valid in right to work states. Which there is more than I remember. This will end up in the SCOTUS.
 
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