Rasputin_Vol
"Slava Ukraina"
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- Aug 14, 2007
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From my point of view, this mandate to get jabbed is a change in the agreement when these people were hired. I don't think any of these people expected to have to agree to a vaccine mandate upon hiring. Had that been the case, then I might (might) agree with your line of thinking. I think saying breach of contract would be a bit extreme, but it certainly represents a rules change in the middle of the game.
NY court seems to agree with exactly what I had been saying.Happens all the time. Where's the rule that can't happen? If you don't like the terms of employment then find something else
A New York Court Just Reinstated Fired Unvaccinated Workers – What That Could Mean For Workers Across The Country
Second, the NYC Department of Health and Mental Hygiene violated the separation of powers doctrine. This occurred because the vaccination mandate unilaterally and indefinitely changed the terms of the Petitioners’ employment. The court stated that these were powers that the NYC Department of Health and Mental Hygiene shouldn’t have.
Third, the vaccination mandate was effectively a legal mandate that affected the Petitioners’ conditions of employment and that the Health Commissioner of NYC didn’t have the authority to make changes to those conditions for employment. The Respondents relied on prior case law upholding vaccination requirements among healthcare workers. The court distinguished those cases because those healthcare workers had always been required to be vaccinated as a condition of employment. But this was the first time the Petitioners had ever had a vaccination requirement placed on them.