Decision time!

[toddnjoyce]

The company I currently work for has let many techs go over the years. Regardless of the reason they always call it a layoff due to lack of work to benefit the tech.

Also is easier on the company. After enough ‘for cause’ terminations that aren’t related to failing a drug test in a regulated position, a story starts to emerge on the employer’s policy enforcement practices, revealing patterns of being arbitrary and capricious or discriminatory in action.

Since Unemployment Insurance is being withheld anyways, it’s cheaper to let the employee go than mercifully than terminate for cause and have to face potential mediation or legal suit losses.

 

[Tactical Panda]

It’s very easy for a company to deny on religious grounds. In this instance, you are asking for what is essentially am exception to a health and safety policy. The company must decide if it’s more burdensome to allow the exception or to accept risk to the rest of the workforce. There is no 1A protection from a private employer.

It's not the 1A that must be contended with, but rather, Title VII of the Civil Rights Act, and the company has to be able to demonstrate (not simply decide) that he unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.

I'm not saying it can't, or won't be done, but "very easy" is going to depend on the liberalness of your judge. I would however, find it very amusing for pro-vaxers to have to prove in court the total ineffectiveness of mask wearing in order to demonstrate that wearing a mask cannot be seen as a reasonable accommodation.

Title VII of the Civil Rights act of 1964​

 

[jrbfishn]

Serious question.
Since when have Texas employers had the right to require medical procedures or vaccinations, for general employment, as a requirement for work?
Drug use is not the same. Drug use off the job can carry over to safety issues on the job.
Requiring a vaccination to work will not protect you from gettin Covid while off the job. And since you can get it and transmit it while vaccinated, it will not protect you on the job either.
And everything I have seen, the most common place to get or spread Covid, just like colds and influenza, is in the home. Not the workplace.

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[1911'S 4 Me]

Texas is a Right TO Work state, you can be fired for any reason and for no reason.
They don't like the color of the shirt you have on, you can be fired.

 

[ZX9RCAM]

Serious question.
Since when have Texas employers had the right to require medical procedures or vaccinations, for general employment, as a requirement for work?
Drug use is not the same. Drug use off the job can carry over to safety issues on the job.
Requiring a vaccination to work will not protect you from gettin Covid while off the job. And since you can get it and transmit it while vaccinated, it will not protect you on the job either.
And everything I have seen, the most common place to get or spread Covid, just like colds and influenza, is in the home. Not the workplace.

Sent by an idjit coffeeholic from my SM-G892A using Tapatalk

Come to think of it, my employer would "offer" free flu shots, but not require them.

 

[innominate]

Serious question.
Since when have Texas employers had the right to require medical procedures or vaccinations, for general employment, as a requirement for work?
Drug use is not the same. Drug use off the job can carry over to safety issues on the job.
Requiring a vaccination to work will not protect you from gettin Covid while off the job. And since you can get it and transmit it while vaccinated, it will not protect you on the job either.
And everything I have seen, the most common place to get or spread Covid, just like colds and influenza, is in the home. Not the workplace.

Sent by an idjit coffeeholic from my SM-G892A using Tapatalk

For a long as I can remember. I had to have proof of my childhood vaccines when I applied for my current job 10 years ago. Also had to get my blood drawn for hepatitis titer since x number years had passed since my hep vaccine

 

[ZX9RCAM]

For a long as I can remember. I had to have proof of my childhood vaccines when I applied for my current job 10 years ago. Also had to get my blood drawn for hepatitis titer since x number years had passed since my hep vaccine

I'm 63 and never had that asked of me, or required, anywhere I worked.

 

[innominate]

I'm 63 and never had that asked of me, or required, anywhere I worked.

Maybe cuz I work in healthcare. I've had to provide that info since the mid 90's

 

[Axxe55]

Maybe cuz I work in healthcare. I've had to provide that info since the mid 90's

I was thinking you worked in the healthcare or medical field in some way.

 

[Mowingmaniac 24/7]

ZX,

63

Man yer a geezer...wait, I forgot, I'm way, way older...geriatric I is...

I saw a movie recently and the protagonist (I love that word) was 68 and they kept calling him an 'old man'...pisses me off as I'm so much older, yet I still move mountains of things like a big Chinese Tallow (12/14" OD) tree blown down/snapped off over my wired fence due to Nicolas's winds.

Using both a bow saw and later a Husky chain saw, I cut that sucker up into manageable pieces Then, lifted and twisted my fence back up into an almost look of pre-undamage and then loaded these pieces up into a garden cart and hauled them off to the burn pile. It was a daunting task, with a billion mosquitos and fk-load of effort...I did it. I figured if my efforts caused a heart attack, that'd be a good way to go...

Old guys weren't always old guys and can often do things others (young guys) wouldn't attempt...

I got all the cut up parts moved to the burn pile...now I wish I had a sauna...

Oh yeah, Vets know about kicking ass even when it could kill them...

 

[ZX9RCAM]

Maybe I should have just said that I'd been working over 45 years, and never had been asked, lol....

 

[innominate]

I was thinking you worked in the healthcare or medical field in some way.

I'm employed by a healthcare facility. Work may be too strong of a description.

 

[toddnjoyce]

It's not the 1A that must be contended with, but rather, Title VII of the Civil Rights Act, and the company has to be able to demonstrate (not simply decide) that he unable to reasonably accommodate an employee's or prospective employee's religious observance or practice without undue hardship on the conduct of the employer's business.

I'm not saying it can't, or won't be done, but "very easy" is going to depend on the liberalness of your judge. I would however, find it very amusing for pro-vaxers to have to prove in court the total ineffectiveness of mask wearing in order to demonstrate that wearing a mask cannot be seen as a reasonable accommodation.

Title VII of the Civil Rights act of 1964​

I’m well aware of Title VII, I’m an HR guy in my day job. The part everyone forgets is the second part of a reasonable accommodation request: unless to do so would cause an undue hardship to the employer.

When I see these accommodation requests and the business feels it’s an undue burden, I tell them two things: find data to support why it’s an undue burden and when you do, come back to me with an alternate means of compliance that’s acceptable to the business. In essence, prepare your case now and put the ball back in the employee’s court.

Where company’s get in trouble with an accommodation is when they fail to document.

 

[toddnjoyce]

Serious question.
Since when have Texas employers had the right to require medical procedures or vaccinations, for general employment, as a requirement for work?
Drug use is not the same. Drug use off the job can carry over to safety issues on the job.
Requiring a vaccination to work will not protect you from gettin Covid while off the job. And since you can get it and transmit it while vaccinated, it will not protect you on the job either.
And everything I have seen, the most common place to get or spread Covid, just like colds and influenza, is in the home. Not the workplace.

Sent by an idjit coffeeholic from my SM-G892A using Tapatalk

Most companies are required by state and federal law or by insurance to have a health and safety policy in place to operate, which is where a vaccine policy would fall under.

 

[jrbfishn]

For a long as I can remember. I had to have proof of my childhood vaccines when I applied for my current job 10 years ago. Also had to get my blood drawn for hepatitis titer since x number years had passed since my hep vaccine

I'm 63 and never had that asked of me, or required, anywhere I worked.

Maybe cuz I work in healthcare. I've had to provide that info since the mid 90's

That would explain a lot about your requirements. But not the rest of us.
TWC has, or at least did have, something called "unacceptable change in work place policies or conditions".
If it was a requirement when you started and was accepted by you, that is one thing.
To require a vaccination not proven effective to protect you OR others, after employment with unknown side effects, that's a totally different animal.

Sent by an idjit coffeeholic from my SM-G892A using Tapatalk

 

[jrbfishn]

Most companies are required by state and federal law or by insurance to have a health and safety policy in place to operate, which is where a vaccine policy would fall under.

Depending on the type of business, yes. But do not include emergency use medications or unvetted vaccines.


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[innominate]

That would explain a lot about your requirements. But not the rest of us.
TWC has, or at least did have, something called "unacceptable change in work place policies or conditions".
If it was a requirement when you started and was accepted by you, that is one thing.
To require a vaccination not proven effective to protect you OR others, after employment with unknown side effects, that's a totally different animal.

Sent by an idjit coffeeholic from my SM-G892A using Tapatalk

Companies can make changes to policy anytime. The vaccine is now "approved"

I tried to file a complaint with TWC on another matter. I received a reply that basically said if it wasn't about unpaid wages or discrimination they didn't care. Ymmv.

 

[jrbfishn]

Then it would be time for a new job and/or an attorney.
I would make them fire me though. Inform them in writing that their assumption is wrong. If they don't want you there, they need to terminate and state why.
Keep any and all memos and written correspondence in a safe place. NOT at work. Document everything.

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[oldag]

Prevent chicken pox as a child with chicken pox vaccine and years latter don't need a vaccine to prevent shingles. My point. I too have had shingles vaccine, older one called Zostavax. New one is better. Go for Shingrex.

Well, some of us did not have a cp vaccine available when we were kids.

 

[oldag]

Since Unemployment Insurance is being withheld anyways, it’s cheaper to let the employee go than mercifully than terminate for cause and have to face potential mediation or legal suit losses.

Many companies follow this as a standard practice.