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…..
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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/
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 👍!
Awesome news!!!
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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!!!
👍
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.