My place of employment is starting testing for non- or partially-jabbed employees in ten days. As far as I can tell, this isn't a mandate. It's just the Gov saying "Yeah, we're doing this now. No legal basis, just...* spreads out hands * because."
I have a list of questions I want to send them, basically saying, "You need to answer these and sign that you take full liability if anything happens to me due to these tests. You also understand that it's within my right to decline re:EUA laws, etc."
(One of my questions is why these tests are only "required" for non- or partially-jabbed folks, when everyone and their fruit bowl is testing positive.)
To the Lawyer-Pedes: say I send these questions, which I very strongly want to do. I see a few reactions happening from my employer:
- They fire me. No questions, no answers -- just... I'm fired.
- They harass me (which I'll ignore, but probably still leading to firing)
- They do nothing with my questions, and tell me to test anyway. In which case, I won't and then they fire me.
- They answer the questions, perhaps to my satisfaction but perhaps not, and I decline the tests (because NO). Then they fire me.
Do i have a legal leg to stand on? Is it worth my time to consult a lawyer or gamble my career without one?
I have a list of lawyers from a u/20-guage post to whom I'm seriously considering reaching out, but I respect this community quite a bit, and I'd really appreciate your thoughts and feedback.
Thank you, everyone! I know posts such as mine are abundant, but I really appreciate your time and consideration.
Not a lawyer, but...
I realise you are all worked up about them firing you, however, you need to see it from a more positive perspective: How valuable are you to them? Will things fall apart if you leave? Or no? I think there is a bottom line somewhere. If the latter is the case, then maybe you should start looking for a plan B. Be proactive.
For example: Do you have access to productivity records? Can you prove you are working harder than others? Or maybe you have some vital intellectual property that they will lose if they fire you. Companies are keen to bend the rules if they want to retain such employees.
On the other hand, I have two anecdotal examples of people who left their jobs because of silly mandates and have landed better pay and bonuses, so don't be afraid to look.
I really appreciate your comments, and I completely agree with points 1, 2, and 3.
I'm actually in a good position, value-wise. I'm one of three people who can do the current job within this organization, and of those three I'm the only full-time employee focused solely on it. Can they afford to lose me? Yes and no. It would take time from others to fill the void my position would leave, and more time to train a new employee. We're also at a critical juncture within this process, where I'm the only one with the time, skills, and patience to work within all levels of this organization. They could fire me, but they'd be at a huge loss time- and money-wise.
I am considering leaving and finding a new position. This one has great benefits and decent pay, plus my supervisor is a decent human being, but I am not testing weekly. I'm just... not.
BTW: This organization is losing employees left-right-and-center because of their oppressive tactics.
So you can try the I-am-too-valuable-to-lose card then.
You don't need to argue the validity of the tests, just that you are not going to do it.
Speak to your supervisor and get him on your side. If he can see that they will die on that hill, he may pull some strings. You never know. Remember that all this is fluid.
It will pay off to look at your options, however.
Hmmm...I will certainly think over the "valuable" option.
From what I can tell, the best move forward is to wave the "EEOC" name about and renegotiate reasonable accommodations with HR. This way, if they deny you, you can claim discrimination with legal backing per the Civil Rights Act of 1964 Title VII. You can also file a report to the EEOC (or state equivalent).
This is good news, as I was worried about legal recourse.
I could also tell my Supervisor, but I find the idea... unpleasant? He has no need to know my medical information at all. I like him, but I'm not interested in roping in another person who might be a Branch Covidian.
Thanks again for your comments.
The fact that your supervisor does not know your medical status raises another possibility:
Yeah it is awkward for them that they demand tests only for the unvaxed. It is discrimination for sure. However, how will they know that you are unvaxxed, so as to demand a test from you? They are not supposed to ask for your medical status, so they shouldn't know. So if you don't submit a test, all they can do is to assume that you are vaxxed.
Maybe just ignore the whole thing TBH.
Just continue with what you are doing and realise it was a fear campaign, or a phishing expedition.
Companies do that.
Ah, my supervisor isn't involved in this "testing" craziness. This is HR and their "vaccine committee". And the President of this organization.
So does HR or the President know your medical status?
That's just it! They absolutely do.
Move to Florida and get a job! Make them fire you, so you can come back and sue their butts! They have no legal means to subject you to a test for something there's no test for! Do your research and have them prove there's a test that can identify COVID!