UPDATE ADDED Sunday, 29 August 2021: The follow-up posting which includes religious exemption resources for civilians as well as military can be found at: https://radiofreeredoubt.com/2021/08/19/vaccine-religious-exemption-resources/
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The following is the letter by attorney Robert Barnes, as an example of a letter which employees may use to present some of the facts to their employers, related to coercing employees into taking experimental “vaccines.”
We have mentioned this letter several times on the Morning Commute Radio show. A listener sent us the link to a Kansas news site, which had posted the letter.
We recommend you click on the hyperlinks within the letter to familiarize yourself with the supplemental information.
Legal letter from Robert Barnes:
Dear Boss,
Compelling any employee to take any current Covid-19 vaccine violates federal
and state law.
First, federal law prohibits any mandate of the Covid-19 vaccines as unlicensed,
emergency-use-authorization-only vaccines. Subsection bbb-3(e)(1)(A)(ii)(III) of section 360 of Title 21 of the United States Code, otherwise known as
the Emergency Use Authorization section of the Federal Food, Drug, and Cosmetic
Act, demands that everyone give employees the “option to accept or refuse administration”
of the Covid-19 vaccine. This right to refuse emergency, experimental vaccines, such as
the Covid-19 vaccine, implements the internationally agreed legal requirement
of Informed Consent established in the Nuremberg Code of 1947..
As the Nuremberg Code established, every person must “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 the subject matter involved as to enable
him to make an understanding and enlightened decision” for any medical experimental drug,
as the Covid-19 vaccine currently is. The Nuremberg Code prohibited even the military
from requiring such experimental vaccines. (Doe #1 v. Rumsfeld, 297 F.Supp.2d 119 (D.D.C. 2003).
Secondly, demanding employees divulge their personal medical information invades their
protected right to privacy, and discriminates against them based on their perceived
medical status, in contravention of the Americans with Disabilities Act. (42 USC §12112(a).)
Third, conditioning continued employment upon participating in a medical experiment and
demanding disclosure of private, personal medical information, may also create employer
liability under other federal and state laws, including HIPAA, FMLA, and applicable state
tort law principles, including torts prohibiting and proscribing invasions of privacy
and battery. Indeed, any employer mandating a vaccine is liable to their employee for any
adverse event suffered by that employee. https://www.osha.gov/coronavirus/faqs#vaccine .
The CDC records reports of the adverse events already reported to date concerning the current
Covid-19 vaccine. (link to https://www.cdc.gov/coronavirus/2019-ncov/vaccines/safety/vaers.html)
With Regards,
[Employee of the Year]
This letter does not have enough teeth about consequences for employers! Example: What about companies who require employees to upload proof of their vaccination card to the H.R. department who will share it with company administrators & non company personnel? Employees who do not upload said card will be deemed non-vaccinated. The stress of what will come next, firing employees is very real. I would like to see some real legal eagle stuff now from your firm. What say you?
Here are updated resources:
https://radiofreeredoubt.com/2021/08/19/vaccine-religious-exemption-resources/
https://radiofreeredoubt.com/2021/08/19/vaccine-religious-exemption-resources/
your link to the nuremberg code of 1947 has been shut down
https://medicalkidnap.com/2021/04/06/the-nuremberg-code-the-universal-right-of-informed-consent-to-medical-interventions-has-been-recognized-in-us-law-since-at
My daughter’s employer, and now my husbands. (Mercy Hospital and Mastercard) are demanding vaccines by September. Will religious exemptions work for an employer like they do for schools in certain states?
They should, and you must try. There are additional resources in our most recent posting at https://radiofreeredoubt.com/2021/08/19/vaccine-religious-exemption-resources/
Even with the religious exemptions, many employers are ‘punishing’ their non-vaccinated employees by making them get Covid (CCP Virus) tested once a week, or more, at their own expense. Sad times.
https://radiofreeredoubt.com/2021/08/19/vaccine-religious-exemption-resources/
I am going to be fired from my job because I refuse to get the covid vaccine. I work in a hospital and they have mandated everyone to
get it. I submitted a medical exemption from my Dr. because I had a flu shot yrs. ago and had a bad reaction. They rejected my exemption.
Do I have a case for a lawsuit? Do you think I can get unemployment?
We’ve added a follow-up posting, which includes religious exemption resources for both civilian and military personnel. So far it seems that many people are having a more difficult getting medical exemptions approves than religious exemptions.
That posting is at: https://radiofreeredoubt.com/2021/08/19/vaccine-religious-exemption-resources/
Hello Denise!
This is Lady Liberty and I saw your comment here and wanted to add my input. I am a huge fighter. I know if I were you, I would absolutely sue. Do you have an initial agreement of hire or hire contract? If you have any sort of document that describes what you and the Hospital both agreed to when you were initially hired, you can use that contract agreement as a basis to guarantee your employment or else sue their pants off for their own breach of contract. Essentially, that contract never included a requirement to be vaccinated that you agreed to in order to start working there, and if that’s the case, they have no legal grounds to force you to comply AFTER the fact. You could say that you planned to work there the rest of your capable working years at such and such amount per year, and if they wish to terminate your contract, you will settle for the amount of money you would have earned over your lifetime of working there plus retirement pension. ;()
That would be my first plan of attack, and to find the attorney willing to take your case for it. Lawyers and Judges are ALL ABOUT contract law…doctors aren’t as savvy in that area. 😉 Hope that helps, but that same advice goes for anyone looking at losing their job over this insane garbage that is nothing short of a “death and maming shot”. God Bless, 😉 LL
Hello I was mandated to be vaccinated in my job by Sept 16th,2021.then i was told to let them know my decision by today September 3rd. So the day came and went i told them i was not getting that vaccine and asked if i was fired. They said no we are not doing that but we don’t want you back. So we will pay you until the 16th and call it abandonment! i have been with this company 22 years and would never abandone my job as i have a home and family. They made my daughter have to take a leave of absence from school because of all this. That mandate was completly fake and i proved it if it was real he would have fired me legit.
To Charles W.:
The problem is that many states (Colorado, for example) are what are considered “at will” states. This means there is no need for a reason or notice in order to fire an employee. There is no contract, so no breach of contract can occur. Employers there often say “Hey, this is a two-way street. Employees also aren’t required to give two weeks notice when quitting.” This makes it sound like employees and employers have equal power. But when Person A depends on Person B for their livelihood, this is NOT a symmetrical system. I would love to hear from legal experts in those states on what recourse an employee would have for being fired for not getting the experimental so-called vaccine. I’ve seen where students are kicked out of even ONLINE courses for not getting vaccinated. So what about remote employees? Will they be fired from large corporations for not getting the jab, even though they never come into physical contact with anyone at the actual company?
I didn’t see anything relative to mandatory weekly “testing” in place of the death shot – I am in an “at will” state. I have been working, successfully, from home for the past 21 months. My employer is nationwide, not local. They are requiring me to go back into an office location, soon along with requiring all-day mask wearing.
I don’t want to quit – but, I don’t want to agree to the testing either. The agreement to testing has to be made soon (before going back into an office location) Recommendations? Thanks!