I will need help with legal facts and I need to know if I am 100% correct. Please guide and help me!
This is what I plan on saying in the email:
Will I be getting paid if I willingly subject myself to a covid test and fail? In other words, will I get paid during involuntary forced quarantine?
Will there be reasonable accommodations for my “disability” if I am unvaccinated?
Will (Insert Company Name) only look at my medical records with my written consent?
Does (Insert Company Name) require, as a condition of my employment, proof of a personal medical decision (vaccine), and if I do not have the vaccine, will there be an alternative accommodation to suit my disability?
-Will vaccinated employees have to unwillingly subject to a COVID-19 test, or will it be discrimination to associates who do not disclose their status?
-Does (Insert Company Name) authorize medical discrimination in the name of a pandemic?
Very Respectfully,
My Email Signature
I know I will get fired, so I am also attaching my companies retaliation policy, along with ‘long covid’ absolutely covered under ADA. I know I am losing my job regardless. I made less money in the military and was just as happy!
P.S. You will find the company’s name out when I send the email.
Good for you in fighting back -- especially if you think you will get fired anyway.
Personally, I don't think any of those questions are particularly helpful.
I don't think focusing on disability is a very good way to go. There is no way they could know about any disability, and does not really help your case, legally.
The big thing is to put the burden of proof on THEM, hint at legal action against them but without actually saying it, and give them the idea that YOU know more than THEM about this subject.
[* Make sure you give them a time limit to respond. They will NOT respond at all, and when they fail to respond in the reasonable time you gave them, it shows bad faith on their part, which helps your legal case.]
I think if you did that, they would be VERY cautious about forcing anything on you or firing you. You can be sure they will NOT directly answer those questions. But you will set yourself up as well as you can to file a lawsuit against them, and also file criminal charges (whether or not criminal charges go anywhere is beyond your control, but putting that fear in them is worth doing).
Also, I would send a copy of this letter to ALL high-ranking people, and not just one person. You do NOT want just one person dealing with you. You want that person to have OTHER people looking over his shoulder. You want ALL of these people to shit their pants and put pressure on each other to do or not do whatever they will debate.
You will stir up a hornets nest, which is exactly what you want to do. Remember: If these assholes are going to this extent, you can be sure they have NO IDEA what the fuck they are talking about. You will scare the shit out of them.
That depends on the legal structure of your company. Specifically --
Corporation = Letters should go to each member of the board of directors, the president, CEO, and legal counsel. You can look up the registered agent for the company online, and send copies to those people through the registered agent if you don't have any other way to do it. Probably, letters should also go to each person in the chain of command (manager, director, vice president, etc.).
Limited liability company = Letters to members, manager(s) if any, CEO, and legal counsel.
Most likely, it has one of those two legal structures. If not, I can let you know who should get the letter.
Good luck!
Would It be wise to copy what you said word for word in the bullet points, and disregard everything I said previously? And I shall only send this upon confirmation of the mandate?
Thank you very much!
Let me ask you some questions. I have some time, and maybe we can hammer this out.
Is the legal structure of the company a corporation, limited liability company, or something else?
Have their demands on you specified anything that would be an answer to any of the questions I asked?
Have they mentioned anything about their "medical advisor" or their "legal counsel" when they told you about their policy, or did they just say this is the policy.
What exactly is the policy? Vaxx? Which vaxx? What time frame? If you don't do it, then what?
1.) The company is a corporation
2.) Not yet, it is not yet put into motion but the company supports the decision from the Biden Administration.
3.) They have mentioned legal team about past mandates, and have mentioned trusting the CDC consistently.
4.) No policy yet. They have in writing that they will take steps that are required of them. My employer is in the Business Roundtable
https://www.google.com/amp/s/www.foxbusiness.com/markets/business-reacts-biden-requiring-companies-mandate-vaccines.amp
Also ...
Is it a "large" company (say, 100 or more employees)?
Does the company have its own in-house legal department?
Do you deal directly with the CEO on a day-to-day basis, or are there layers of management, where you have a superior, and it goes up the chain to the CEO?
5.) Yes, large. Meets the criteria and then some. A lot of employees.
6.) The company has its own legal department, yes.
7.) I have a superior and it goes all the way up the chain. I have a company email that has a significant reach.
And would an email suffice in lieu of the letter? Thank you.