Employers – Just don’t do it

There is no justification to impose a COVID vaccine requirement on employees, not in science, not in medicine and not in law.
 
The government wants you to do what it cannot do.  The government is afraid that a direct government mandate will be resisted or overturned.  So the government and those with similar interests on the topic are putting intense pressure, from many directions, on the private sector to change  its cultures and create mandates, among other policies.  And, you are told that it is best for your business to mandate injections. 
 
But you don’t have to play along.
 
In order to get 100% of the population to comply with an increasingly top-down, universally applied health infrastructure, employers are a key implementation tool to avoid backlash against the government. You are a key component in transitioning the world into new realities such as frequent, periodic mandatory testing of the population, for COVID-19, variants and other threats, and continued mandatory vaccines.
 
You may, in fact, be able to set any policy you want and get away with it – most employees don’t have the money to contest your actions in court. 
 
But an employer is a shepherd, responsible for the well-being of the people who help him or her be profitable.  That is why G-d Almighty blesses business owners with a fair profit, for the responsibility they take for the well-being of their employees and their families.
 
Why would you want an employee that makes a personal decision based on their individual circumstances thrown out of a job?  Or want them demeaned by being made to wear a mask, exit the building for a drink of water, and separated from others during work and social events?
 
Why would you be the front line of the cruelty that results from the generalization and polarization of public health?
 
You wouldn’t.  But your overzealous compliance department or lawyer is telling you that you had better do it to protect the company from liability.
 
See, your compliance department and/or lawyers go to seminars and read newsletters about “best practices” and then they implement those “best practices” so no one can blame them for what goes wrong.  “Best practices” for them looks like creating the most stringent policies so no one can ever sue the company because they got sick.
 
But that itself is sick.  People with compassion don’t destroy the lives of others just to limit liability. And, as stated above, there is legal basis not to make unprecedented and extreme changes to work cultures that have existed and promoted great success for generations.
 
In fact, as a law firm that represents employers, we won’t participate in a policy draft that involves forcing medical standards and demeaning people.
 
But we can help your firm draft policies that promote the well-being of your employees. 
 
Those that are overly anxious might not be happy.  Those who want “compliance” at all costs might shake their fist at you.
 
But just remember this as we enter the era of merciless health compliance – those whom you seek to please now may still turn against you in the future — perfect compliance is impossible, and in compliance, you never get credit for partial compliance.  Those same demanding employees will throw you under the bus when you make the slightest mistake, they will report you to the authorities for any variance from the “law”, the “rules” and the “best practices.” 
 
Your compliant lawyer may even tell you that the ADA allows employers to require an employee to not pose a direct threat to the health or safety of individuals in the workplace.  But you don’t have to adopt any policy that is based on generalizing and deems healthy people a threat.  And, don’t forget, you may be the victim of another lockdown, no matter how nice you play in trying to get it right with the current “best practices.”
 
Yes, when you stand strong, they will scream at you for standing your ground.  But there are plenty of places for them to work where right and wrong does not matter, only compliance rules the day.
 
So be proud to run an American business, proud to run a business based on what is right, not based on hysteria, and compliance officers and lawyers who give “safe” advice.  You didn’t get where you are by playing it safe. And know you will certainly not be alone.
 
Contact us so we can hear the challenges you face and guide you and, as needed, can help you draft policies and run your business according to right and wrong and take care of your employees.  (If you are employee, and want your employer to stand strong, share this email with your employer.)