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Thread: S.C. majority tramples healthcare workers' rights while upholding vaccine mandate

  1. #11
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    I feel for those who worked through this in the beginning, now fired after risking everything

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    Quote Originally Posted by Hillofbeans View Post
    I feel for those who worked through this in the beginning, now fired after risking everything
    They were useful to the cause till they were not.

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    Quote Originally Posted by Wildrose View Post
    I think they blew this one.

    HCW's are without a doubt working in an environment where transmission can easily occur and have a duty to protect patients.

    I have however a real problem with the gov't stepping in with such a mandate.

    If the hospitals, nursing homes etc want to put such a requirement on their employees though they should be free to do so because nobody has a right to a job with a privately owned organization.

    I understand your point, but it ignores what is called "reasonable expectation". A person works for a company for, say 15 years and nears retirement, and does so under specific rules agreed to by both parties. And then, 15 years down the road the employer decides to demand the employee follow a newly created rule or get fired and lose their expected retirement agreement. This of course raises the reasonable expectation argument: is the new rule reasonable to the degree that would justify the employee losing their expected retirement plan and void the employee/employer agreement which happens to be an issue for the court to decide.


    JWK

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    Quote Originally Posted by johnwk View Post
    OK. Now, do you have something productive to offer with regard to the subject of the thread?

    JWK

    What makes a Supreme Court opinion legitimate is when it is in harmony with the text of our Constitution and its documented legislative intent which gives context to its text.
    Q. What is legitimate when the opinions are mostly 5-4? When McConnell has packed the Court?
    LEARN FROM THE PAST; LIVE IN THE PRESENT
    and PLAN FOR THE FUTURE.

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    What "reasonable expectation" does one have constitutionally of something the employer is not constitutionally mandated to provide?

    For their own risk management and mitigation protection hospitals, clinics, and other institutions like nursing homes pretty well have to require vaccination just to avoid getting their asses sued off.

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    Quote Originally Posted by WSry Catcher View Post
    Q. What is legitimate when the opinions are mostly 5-4? When McConnell has packed the Court?
    As legitimate as any decision when you don't like the balance of the court.

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    Quote Originally Posted by WSry Catcher View Post
    Q. What is legitimate when the opinions are mostly 5-4? When McConnell has packed the Court?

    What makes a Supreme Court opinion legitimate is when it is in harmony with the text of our Constitution and its documented legislative intent which gives context to its text.

    JWK

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    Quote Originally Posted by Wildrose View Post
    What "reasonable expectation" does one have constitutionally of something the employer is not constitutionally mandated to provide?
    I never said it has something to do with constitutional law. If you want to pursue the matter, do some research with respect to tort law, and reasonable expectation standard.

    JWK

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    Quote Originally Posted by johnwk View Post
    I never said it has something to do with constitutional law. If you want to pursue the matter, do some research with respect to tort law, and reasonable expectation standard.

    JWK
    And you should do the same because the HCW's have a duty to take every reasonable step possible to protect workers and especially patients.

    If they don't, they can and will be bankrupted with lawsuits over in facility acquired infections.

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    Quote Originally Posted by Wildrose View Post
    And you should do the same because the HCW's have a duty to take every reasonable step possible to protect workers and especially patients.

    If they don't, they can and will be bankrupted with lawsuits over in facility acquired infections.
    I have no reason to research tort law, and the reasonable expectation standard. I simply brought it up because of what you stated about a "privately owned organization" and my response to that giving an example which could very well wind up in the courts.

    A person works for a company for, say 15 years and nears retirement, and does so under specific rules agreed to by both parties. And then, 15 years down the road the employer decides to demand the employee follow a newly created rule or get fired and lose their expected retirement agreement. This of course raises the reasonable expectation argument: is the new rule reasonable to the degree that would justify the employee losing their expected retirement plan and void the employee/employer agreement which happens to be an issue for the court to decide.


    JWK

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