Guide for Terminated NYC Employees
edited October 29, 2022
By: CJ Law
WHAT DOES IT ALL MEAN?
On October 24, 2022, CJ Law defeated the City’s vaccine mandate on behalf of 16 sanitation workers. One main objective, was to open the door for EVERYONE. The City however, is still enforcing its vaccine mandate against only City workers. Below is a very simple breakdown of the court’s order:
- The vaccine mandate is unconstitutional. It was unconstitutional when the Commissioner issued it on October 20, 2021. The mandate is also arbitrary & capricious.
- The Commissioner of Health did not have the power to punish non-compliant City employees by excluding them from their place of work.
If you worked for the City and were terminated for not complying with the Commissioner’s Order then you were unlawfully terminated. Why? Because the basis for your termination violated the NY State Constitution and, was arbitrary and capricious.
Despite what the City says or does, the VACCINE MANDATE IS LEGALLY DEAD. But . . .
New York Politics. On October 28, 2022, we asked the trial court to hold the City in contempt for continuing to enforce the mandate. The City asked the appellate court to intervene before the trial court even rendered a decision. At 4:38 PM the trial court refused to hold the City in contempt. At 4:55 PM the appellate court blocked us from even attempting to try.
The Problem: No Checks & Balances Under One Party Rule
The Democratic party has a supermajority in the Assembly and Senate. They control the other two branches as well. Checks and balances is therefore illusory. The vaccine mandate exemplifies the problem. First, the vaccine is not a vaccine at all. Real vaccines actually prevent the disease they target. For example, the MMR (measles, mumps, rubella) vaccine protects people from catching and spreading these diseases. It also protects people for their entire life.The COVID vaccines, on the other hand, do not stop it from spreading, and whatever protections it offers wane over time. Just compare the CDC's guidance for the MMR vaccine with its guidance for COVID-19 vaccines. See the differences? Notice how natural immunity is recognized for MMR vaccine but not COVID-19 vaccines? The COVID-19 vaccine is just a glorified flu shot.
Yet, everyone has a CHOICE to get vaccinated but City employees. How is that related to stopping a virus that could spread anywhere people interact? The Commissioner of Health expanded his power to force agency's to terminate unvaccinated workers. The Legislative branch has done absolutely nothing. And with one exception, countless judges have upheld the mandate without any legal or logical basis. Plus, NYC continues to enforce the mandate. How is this possible? Because there's no legitimate checks and balances. The Democratic party runs the whole show. They care about power instead of people and compliance over common sense. Without any opposition, they do whatever they want. There is no real accountability. Unfortunately, they have become the monster they used to fight.
Reinstatement & Backpay
The court’s Order regarding reinstatement and backpay applied only to the 16 Petitioners. This does not apply to anyone else.
What You Can Do: Take Action
The top Democratic politicians in this State--from Hochul all the way down--have been playing by a different set of rules from the start. The most powerful thing you can do is vote them out of office.
- Vote for Republican candidates.
WE ARE UNABLE TO ANSWER GENERAL QUESTIONS AND ARE NOT TAKING ANY MORE CASES AS OF 10-2-22
Read the DecisionCourt's Decision
The above is not legal advice and does not create an attorney client relationship.Prior results do not guarantee future outcomes.