Today we filed suit against Enlivant, a Chicago company who owns and operates an assisted living facility in Greenbrier County, West Virginia operating as Seasons Place Assisted Living. On June 1, 2021 they terminated my client, Stephanie McCutcheon, for refusing to take an unapproved non-mandatory vaccine for COVID-19.
Our legal theory is a state-law based claim of retaliatory discharge. Basically, as everyone knows, West Virginia is an at-will employment state. However, there was an exception created…..
Join me at 6pm Live ET. If YT doesn’t yank it….
Read the lawsuit and obtain more details here: https://thecivilrightslawyer.com/2021/06/03/lawsuit-filed-against-chicago-company-for-mandating-the-vaccination-of-west-virginia-employees/
source
This one I disagree with you. I think private business have the right to mandate a vaccine that can save lives. If you don't want to take it then quit and get another job.
Sorry for some of the spelling, but you know spell check does not always work. Maybe you should sue them!
I usually like what you do, but I don’t understand why you want more people to die in West Virginia! It is extremely bad here especially since the variant happened. I live in WV, but do t understand how someone’s so called rights trumps my right to “LIFE, liberty and pursuit of happiness”. Look I don’t like wears mask either and I have gotten the vaccine, but still wear a mask. You going to say No Shoes No Shirt is against your rights, or that children should it be vaccinated against polio and all the others diseases it covers, but taking other medications for worms and other none Covid illnesses is ok. What is it, that everything and anything other than what was made to work for COVID is a step to far. Companies pay partial insurance coverage for their employees but it’s not ok to do everything I. Your power to make sure they are safe and don’t infect anyone else???
Children are dying, but you still want to allow more kids and adults to die under the pretense of freedom and liberty.
I just don’t get it!
Those places are Gods waiting rooms.
ONE OF your principles could be to stand up for your rights wherever you work
U have some obstacles.
The first is the guidance of protection of other employees and customers.
The next is the health act in relation to state constitution.
Then of course that plays into right to work, some employers can terminate without reason.
It becomes even more complicated with this mondays approval of Pfizer by FDA.
U woukd have to argue that the employees not being vaccinated won't put the company in liable. If it will, then the company as a right to protect that.
U also of course.. that might play a role.
Jacobson vs Massachusetts.
Thank you Sir đź‘Ť!
Awesome news!!!
Sent by bear from bear independent
Keep the info comin!
Let's muddy the water up for a second.
Let's say the FDA approved Roundup or even pure chlorine for human consumption. Can an employee be considered to have voluntarily relinquish their position if their company decided to require their employees to consume a product that the employees believes to be unsafe or for which no data exists one way or the other? In other words is there a level of common Sense in which the courts can come and say that the employee could not legally be held to such a demand and therefore cannot be considered to have voluntarily left their position?
How much stronger is this case when the product is not FDA approved?
Apparently there is a Supreme Court decision that protected mandatory vaccinations for small pox that were required of Boston citizens in 1901, should be good reading.
How are religious exemptions not a violation of freedom of religion? With the correct sincerely held belief, I can avoid the vaccine in NC. That means a religious person has the right to refuse a vaccine but a non-religious person does not. I thought freedom of religion is also freedom from religion. Employer: If you want to avoid the vaccine you must have a religious belief we find credible. You non-religious heathen, you must get the shot. Makes no sense to me. Full disclosure, I did take the Pfizer vaccine a long time ago and I feel it was best for me to do so. I am 100% against forced vaccination, however it looks like that battle is lost. Only way to avoid the shot is to be of the correct religious mindset. That means there is no freedom of religion.
Out of curiosity, would it help when going up against a private employer to have refused the vaccine based on one's religion? I figure if that is your reason for not doing it, then terminating someone for that could be discriminatory?
Why are people afraid of a vaccine. If you take any over the counter vitamins or supplements they are not regulated. You have no idea what is in your processed foods. Science is real.
You are being voluntarily SUED for wrongful termination!
Great work! Thanks for taking action like this.
My employer will most likely mandate we get the vacced or we will not be allowed to visit customers. If I cant visit customers, I wont have a job. Thanks for sharing this information.
Your client should have been let go based on their refusal to follow procedures to protect the customers. I don't think anyone should be forced to take the vaccine if they don't want it, but there are consequences. Don't like the rules, get employment elsewhere. If using hand soap makes your hands dry out, should you have the right to refuse to wash hands after you go to the restroom? Your right is to get a job elsewhere. This is assisted living. You will be in close contact and physical contact with the clients. It is their rights that are being protected. By the way, all the vaccines are approved. This isn't somebody's home lab vaccine.
Never quit. Make them fire you.
Someone from Enlivant is watching this YouTube and is $HITTING Bricks!!!
đź‘Ť
Meth is FDA approved [not a joke] but the not a vaccine vaccine is not, yet mandatory?
Voluntarily resigned? I guess death row inmates are voluntarily executed using their dictionary.
The letter was good for a laugh and not much more.
OK so this is a difficult situation for me to get behind. I think she deserved to be fired, but they went about it the wrong way. And if these vaccines went through the FDA. tens of millions of people would be dead while we wait for them to test it. The Assisted Living Facility have to put their patients/clients first over their employees. It should be a criminal offence to refuse a vaccination if you work in a hospital, care home, assisted living facility or clinic. If you're treating patients and you're beliefs prevent you from taking this vaccine. Your in the wrong job.
Are you licensed in NC or know other good attorneys here? Looking for someone to help in case with University of NC at Wilmington… against mandatory PCR. Thanks! Sent an email too 🙂
Private employers are only private when they are decreasing/restricting liberty. This is evident from the simple role reversal of this situation: imagine if they fired those who DID get the vax. Would it be okay then? “Private company they can do whatever they want”. Yeah right.
37:15 Did you just use the words "Chicago" and "values" in the same breath? My first inclination was to LMAO. But that quickly passed as I began to wonder, should I be worried for you?
24:00 This letter literally reads, "Naturally, should your personal stance change, and you become vaccinated in the future, you may apply for any open and available position for which you are qualified."
So let me see if I'm getting this straight. Companies are now extending employment offers to people who "left" their position on bad terms? Man, that has to be a rough place to work. Who would ever want to apply at a place staffed by a bunch of sour grapes? /s
13:00 This passage reads, "…of the consequences, if any, of refusing administration of the product…"
You know and I know that this is most likely to be intended to mean medical consequences, not a hodgepodge of house rules. But what's to stop a court from applying a strict interpretation of the letter of that passage rather than enforcing the spirit of it?
*Emphasis added
Firing is a thorny issue. PSW staffers are paid $11.70, must provide their own pay for parking, PPE, specified uniforms, and specified footwear. Which means that they are using soiled PPE beyond its usable safe use time. Now the government is going to hit them with a $240 charge every second day worked for a COVID-19 test. I hope they have no staff soon there are other employeers seeking employees who pay more and don't require indentured SLAVES! https://atlantic.ctvnews.ca/mobile/n-b-introduces-mandatory-testing-for-unvaccinated-staff-at-some-long-term-care-home-facilities-1.5445197
UNITED STATES FEDERAL LAW DOESN'T CIRCUMVENT THE NUREMBERG CODE
POLITICIANS, EMPLOYERS, AND GOVERNMENTS THAT MANDATE ANY BIOWEAPON INJECTION SHOULD BE
IMMEDIATELY SHOT BY FIRING SQUAD. SENATORS, CONGRESS MEMBERS, GOVERNORS, ANY AIRLINE EXECUTIVES – IF YOU VIOLATE THE NUREMBERG CODE; THE PEOPLE WILL HOLD YOU ACCOUNTABLE WITH EXTREME PREJUDICE
The Nuremberg Code (1947)
Basic principles must be observed in order to satisfy moral, ethical and legal concepts:
1. The voluntary consent of the Citizen is absolutely essential. This means that the person involved should have legal capacity to give consent; should be so situated as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, overreaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of Vaccination which may not be delegated to another with impunity.
2. The Vaccination testing should be the results of animal experimentation and acknowledge of the natural history of the disease.
3. The Vaccination should be so conducted as to avoid all unnecessary physical and mental suffering and injury.
4. No Vaccination should be conducted where there no reason to believe that death or disabling injury will occur.
5. The degree of risk to be taken should never exceed that determined by the humanitarian importance of the problem to be solved by the Vaccination.
6. Proper preparations should be made and adequate facilities provided to protect the Vaccinated person against even remote possibilities of injury, disability or death.
7. The Vaccination should be conducted only by qualified persons.
8. During the course of the Vaccination the person should be at liberty to bring the experiment to an end if he has reached the physical or mental state where continuation of the experiment seems to him to be impossible. ALTERING DNA IRREVERSIBLE – DEAD IN 3 YEARS.
9. During the course of the Vaccination, the person in charge must be prepared to terminate the experiment at any stage, if he has probable cause to believe, in the exercise of the good faith, superior skill and careful judgment required of him, that a continuation of the experiment is likely to result in injury, disability, or death to the person.
Legal Fiction Corporations are not government. They do not have the Right, privilege or benefit to force their employees into a medical determination. Our employees do not own us.
Thank you for fighting for Liberty. Please consider joining Gab and Gab TV, which is Gab's YouTube. They're both free speech platforms.
I cannot see your Facebook page anymore because they have terminated my account posting videos exactly like this one.
All Sweepstakes have to be open for everyone to be able to participate. Do you remember no purchase necessary?
If an employer can discriminate against hiring a smoker, then they can against an unvaccinated person
Have you reviewed the OSHA laws regarding vaccines and wearing mask? It says that you have to have a wristband showing you have been vaccinated to not wear a mask. How can they demand you show you private medical records for them to see?
Our founding fathers would be labeled as terrorist and put on an FBI watch list in today's times.
I can’t wait for those who say, “just work elsewhere” when a month before employees retire, companies fire them and squelch their pensions for not being vaccinated. Their tune will change mightily. You have to be able to look down the road, people.
I saw that Moderna has petitioned the FDA for full approval. How though? The trials are currently in progress.
But I learnt that the EEOC say that employers can demand positive vaccination from employees