Your wife should refuse the jab and if it comes down to it or her job, she shouldn’t quit but she should make them fire her. That is the hill I’m willing to die on!
I would re-submit my request for religious exemption, along with a 1-paragraph notice that the county and INDIVIDUAL SUPERVISORS will be personally sued if my religious rights, as well as my constitutional rights as a citizen, are disregarded.
County officials cannot be personally held liable for decisions made in their official capacity representing the county... but that does NOT give them the right to knowingly violate the law and discriminate against me. That opens them right up to personal lawsuits.
County officials cannot be personally held liable for decisions made in their official capacity representing the county
But when they act outside of their authority by violating rights and their oath of office, they are no longer acting in their official capacity but rather their personal capacity, and they are not protected from liability.
"The immunity of a state from suit has long been held not to extend to actions against state officials for damages arising out of willful and negligent disregard of state laws. The reach of the rule is evident in Scheuer v. Rhodes,166 in which the Court held that plaintiffs were not barred by the Eleventh Amendment or other immunity doctrines from suing the governor and other officials of a state alleging that they deprived plaintiffs of federal rights under color of state law and seeking damages, when it was clear that plaintiffs were seeking to impose individual and personal liability on the officials. There was no “executive immunity” from suit, the Court held; rather, the immunity of state officials is qualified and varies according to the scope of discretion and responsibilities of the particular office and the circumstances existing at the time the challenged action was taken."
Q
Q was quoting from the US Supreme Court case of Scheuer v. Rhodes. Here is the holding:
“When a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The state has no power to impart to him any immunity from responsibility to the supreme authority of the United States” -- Scheuer v. Rhodes 416 US 232 (1974)
I agree, but some people are incredibly stupid that they need things spelled out for them. I am sure they also believe nonreligious people are just claiming religion is their reason. this is an imperfect world...
Hey Pedes! I get a newsletter from Jeff Childers Coffee & Covid every day and it's chock-full of very useful information about employer mandates and religious exemptions. This man is a Lawyer here in Florida, but his information can be used virtually in any state. Today's newsletter included really useful information called the "Covid Ultimatum Guide". You all can subscribe for FREE here
“Man’s relation to his God was made no concern of the state. He was granted the right to worship as he pleased and to answer to no man for the verity of his religious views. The religious reviews espoused by [any particular person] ... might seem incredible, if not preposterous, to most people. But if those doctrines are subject to trial before a jury charged with finding their truth or falsity, then the same can be done with the religious beliefs of any sect. When the triers of fact undertake that task, they enter a forbidden domain.”
-- United States v. Ballard, 322 U.S. 78, 87 (1944)
Also --
“Our rulers can have no authority over [our] natural rights, only as we have submitted to them. The rights of conscience we never submitted. We are answerable for them to our God. The legitimate powers of government extend to such acts only as are injurious to others.”
Same answer as the other anon asking the same question:
You don't need to "prove" your religious beliefs. Just state them.
"Congress shall make no law respecting an establishment of religion, nor prohibit the free exercise thereof;" -- 1st Amendment, US Constitution
This applies to the states, as well, via the 14th Amendment, and probably via your state's constitution.
The government cannot determine what is or is not a religious belief. What makes a private party (business) think they have any legal authority to do it?
As far as im aware, no employer is supposed to question religious beliefs..
Religious exemptions will only apply to job tasks specifically, not to health policies required by the job.
If your wife signed documentation to work at her job (which she probably did), there is nothing she can do to "fight" back. The point of an employer having you sign legal documentation is to protect the employer. So if your wife chooses not to abide by the employer policies, the employer can show that she signed an agreement beforehand.
If the employer's contract says that the employee must abide by all of Company X's policies or be terminated, then it doesn't matter what is added later on (I have experienced this). The contract is made to protect the employer.
Replace the word "contract" with "legal agreement" or "company policies". I'm generalizing the term because it's the same wherever you go.
Every giant company in America has you sign legal paperwork to work for them. The paperwork is designed to protect the company, as I said earlier.
Most people don't read the fine print because they just want to work. So they say, "yes, company X, I will agree to work for you". Not realizing that they are also agreeing to the company's policies (whatever those may be).
The employer has attempted to change the contract after the fact.
If the employer's contract says that the employee must abide by all of Company X's policies or be terminated, then it doesn't matter what is added later on (I have experienced this). The contract is made to protect the employer.
Also, I wonder if OP's wife can pay legal fees to fight this company? Not many people can, and even if she can, the odds are against her. Most workers do not have the financial luxury to fight their employer, and most lawyers advise against it because it's far less damaging to just get fired.
I no longer work for them, but why would I fight it? Do you know how much legal fees cost? It would be tens of thousands of dollars to not win a court case. As I said earlier, most workers do not have the financial luxury to fight their employer, and most lawyers advise against it because it's unlikely the employee will win.
Every giant company in America has you sign legal paperwork to work for them. That paperwork is designed to protect the company. Most people don't read the fine print because they just want to work. So they say, "yes, company X, I will agree to work for you". Not realizing that they are also agreeing to the company's policies (whatever those may be).
I'm literally just explaining how companies in America work. Welcome to Capitalism, where the employee has less power than the employer, it's as simple as that.
Don't rag on Capitalism. No employer in the history of the country has ever required such things as a mandated vaccine. The level of douchebaggery solely relies on the employer. My wife happens to work for a douchebag employer.
The problem is Colorado is a "right to work" state. The exemption letter clearly laid out our religious beliefs and our being against the vaccine having fetal tissue cells. Not sure what the issue was with HR denying it, ill find out more but yeah. I found the resource page for lawyers, etc. We're starting there. This shit is ridiculous.
Your wife should refuse the jab and if it comes down to it or her job, she shouldn’t quit but she should make them fire her. That is the hill I’m willing to die on!
I would re-submit my request for religious exemption, along with a 1-paragraph notice that the county and INDIVIDUAL SUPERVISORS will be personally sued if my religious rights, as well as my constitutional rights as a citizen, are disregarded.
County officials cannot be personally held liable for decisions made in their official capacity representing the county... but that does NOT give them the right to knowingly violate the law and discriminate against me. That opens them right up to personal lawsuits.
Now... either reconsider, or we get litigious.
But when they act outside of their authority by violating rights and their oath of office, they are no longer acting in their official capacity but rather their personal capacity, and they are not protected from liability.
https://www.law.cornell.edu/constitution-conan/amendment-11/suits-against-state-officials
"The immunity of a state from suit has long been held not to extend to actions against state officials for damages arising out of willful and negligent disregard of state laws. The reach of the rule is evident in Scheuer v. Rhodes,166 in which the Court held that plaintiffs were not barred by the Eleventh Amendment or other immunity doctrines from suing the governor and other officials of a state alleging that they deprived plaintiffs of federal rights under color of state law and seeking damages, when it was clear that plaintiffs were seeking to impose individual and personal liability on the officials. There was no “executive immunity” from suit, the Court held; rather, the immunity of state officials is qualified and varies according to the scope of discretion and responsibilities of the particular office and the circumstances existing at the time the challenged action was taken."
Q
Q was quoting from the US Supreme Court case of Scheuer v. Rhodes. Here is the holding:
“When a state officer acts under a state law in a manner violative of the Federal Constitution, he comes into conflict with the superior authority of that Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The state has no power to impart to him any immunity from responsibility to the supreme authority of the United States” -- Scheuer v. Rhodes 416 US 232 (1974)
Tell them your religious beliefs are ProLife, and that they used aborted baby cells in the making of the vaccines.
Theres really no reason anyone should have to explain their religion,
Theres really no reason why your religious beliefs should ever be in a position to be questioned, accepted, or denied.
I agree, but some people are incredibly stupid that they need things spelled out for them. I am sure they also believe nonreligious people are just claiming religion is their reason. this is an imperfect world...
Call a lawyer...
I wouldn’t want to work anywhere they treat you like your insignificant. They don’t value her she knows now.
Hey Pedes! I get a newsletter from Jeff Childers Coffee & Covid every day and it's chock-full of very useful information about employer mandates and religious exemptions. This man is a Lawyer here in Florida, but his information can be used virtually in any state. Today's newsletter included really useful information called the "Covid Ultimatum Guide". You all can subscribe for FREE here
The US Supreme Court --
“Man’s relation to his God was made no concern of the state. He was granted the right to worship as he pleased and to answer to no man for the verity of his religious views. The religious reviews espoused by [any particular person] ... might seem incredible, if not preposterous, to most people. But if those doctrines are subject to trial before a jury charged with finding their truth or falsity, then the same can be done with the religious beliefs of any sect. When the triers of fact undertake that task, they enter a forbidden domain.”
-- United States v. Ballard, 322 U.S. 78, 87 (1944)
Also --
“Our rulers can have no authority over [our] natural rights, only as we have submitted to them. The rights of conscience we never submitted. We are answerable for them to our God. The legitimate powers of government extend to such acts only as are injurious to others.”
-- Thomas Jefferson
Same answer as the other anon asking the same question:
You don't need to "prove" your religious beliefs. Just state them.
"Congress shall make no law respecting an establishment of religion, nor prohibit the free exercise thereof;" -- 1st Amendment, US Constitution
This applies to the states, as well, via the 14th Amendment, and probably via your state's constitution.
The government cannot determine what is or is not a religious belief. What makes a private party (business) think they have any legal authority to do it?
Stand your ground, and DEFEND YOUR RIGHTS.
DO NOT ASK PERMISSION.
Religious exemptions will only apply to job tasks specifically, not to health policies required by the job.
If your wife signed documentation to work at her job (which she probably did), there is nothing she can do to "fight" back. The point of an employer having you sign legal documentation is to protect the employer. So if your wife chooses not to abide by the employer policies, the employer can show that she signed an agreement beforehand.
Pretty sure nobody signed up for COVID vaccines, before COVID vaccines were even invented.
If the employer's contract says that the employee must abide by all of Company X's policies or be terminated, then it doesn't matter what is added later on (I have experienced this). The contract is made to protect the employer.
Why would anyone sign a “contract” that is subject to change based on the whims of one party?
Replace the word "contract" with "legal agreement" or "company policies". I'm generalizing the term because it's the same wherever you go.
Every giant company in America has you sign legal paperwork to work for them. The paperwork is designed to protect the company, as I said earlier.
Most people don't read the fine print because they just want to work. So they say, "yes, company X, I will agree to work for you". Not realizing that they are also agreeing to the company's policies (whatever those may be).
The employer has attempted to change the contract after the fact.
That makes it a unilateral contract of adhesion, and changes the game.
Also, the employer cannot implement a policy that can harm the employee when that policy is based on fraud.
If the employer's contract says that the employee must abide by all of Company X's policies or be terminated, then it doesn't matter what is added later on (I have experienced this). The contract is made to protect the employer.
Also, I wonder if OP's wife can pay legal fees to fight this company? Not many people can, and even if she can, the odds are against her. Most workers do not have the financial luxury to fight their employer, and most lawyers advise against it because it's far less damaging to just get fired.
You didn't fight it. So, they won by default.
I no longer work for them, but why would I fight it? Do you know how much legal fees cost? It would be tens of thousands of dollars to not win a court case. As I said earlier, most workers do not have the financial luxury to fight their employer, and most lawyers advise against it because it's unlikely the employee will win.
Every giant company in America has you sign legal paperwork to work for them. That paperwork is designed to protect the company. Most people don't read the fine print because they just want to work. So they say, "yes, company X, I will agree to work for you". Not realizing that they are also agreeing to the company's policies (whatever those may be).
Whose side are you on...?
Side?
I'm literally just explaining how companies in America work. Welcome to Capitalism, where the employee has less power than the employer, it's as simple as that.
Don't rag on Capitalism. No employer in the history of the country has ever required such things as a mandated vaccine. The level of douchebaggery solely relies on the employer. My wife happens to work for a douchebag employer.
I agree, and think employer douchebaggery is typically the norm.
This is actually not true, but it was a random rumor floating around for a while (like lots of things these days).
Actually there's a fair amount of employers in the country that are not requiring the Fauci ouchy. Unfortunately not the case for my wife.
The problem is Colorado is a "right to work" state. The exemption letter clearly laid out our religious beliefs and our being against the vaccine having fetal tissue cells. Not sure what the issue was with HR denying it, ill find out more but yeah. I found the resource page for lawyers, etc. We're starting there. This shit is ridiculous.
Imagine a slave, begging to keep his job.
Theres entire pharmacies full of “safe” products that are FDA approved. That doesn’t mean i want or need any of them.