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New York Supreme Court Orders NYC to Rehire, Pay Back Wages to Unvaccinated City Employees

  
Via:  Jeremy in NC  •  3 years ago  •  3 comments

By:   Judge Ralph J. (Yahoo)

New York Supreme Court Orders NYC to Rehire, Pay Back Wages to Unvaccinated City Employees
The N.Y. state Supreme Court has ordered NYC to rehire and pay back wages to government employees who were fired for refusing to get vaccinated against Covid.

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The New York State supreme court has ordered New York City to rehire and pay back wages to government employees who were fired for refusing to get vaccinated against Covid-19.

David Chokshi, the city's health commissioner, issued an order in October 2021 requiring all city employees to be inoculated against the virus. Later, Chokshi issued a similar order for private-sector employees; Mayor Eric Adams signed a supplementary executive order to that latter mandate carving out exemptions for athletes, musicians, and other performers.

The court deemed both Chokshi's and Adams's orders "arbitrary and capricious," while also finding that Chokshi's violated the New York State constitution.

"The Health Commissioner cannot create a new condition of employment for city employees, . . . cannot prohibit an employee from reporting to work . . . [and] cannot terminate employees. The Mayor cannot exempt certain employees from these orders," reads the opinion, which was authored by Judge Ralph J. Porzio. Porzio noted that vaccination against Covid-19 does not prevent transmission of the disease, but noted that the decision "is not a commentary on the efficacy of vaccination."

"If it was about safety and public health, no one would be exempt. It is time for the City of New York to do what is right and what is just," concluded Porzio.

The city has already filed an appeal according to a spokesman for the law department, who said that "the city strongly disagrees with this ruling as the mandate is firmly grounded in law and is critical to New Yorkers' public health."


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Jeremy Retired in NC
Professor Expert
1  seeder  Jeremy Retired in NC    3 years ago

This could spawn a large number of Wrongful Termination and Class Action lawsuits.  

On top of this the taxes in NYC are going to drastically increase now that they have to fork out money for the back pay.

 
 
 
Ronin2
Professor Quiet
1.1  Ronin2  replied to  Jeremy Retired in NC @1    3 years ago

Democrats are all for people being able to choose what happens to their bodies without outside interference.

Until it comes to a vaccine that has proven to be nearly worthless against new Covid strains and mutations; and can cause permanent health side affects. Then everyone must get it no matter what; or face forced unemployment or military discharge.

 
 
 
Vic Eldred
Professor Principal
1.2  Vic Eldred  replied to  Jeremy Retired in NC @1    3 years ago

New York may be in complete decline, but one thing they still have is competent judges.

Congrats on the story of the day.

 
 

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