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User Info The Bottom Line; entered at 2021-05-20 15:40:53
Tickerguy
Posts: 203871
Registered: 2007-06-26
There is both a HIPAA (but no private right of recovery) violation if they are in part or full self-insured for medical (most medium and larger businesses are) and, arguably an ADA breach (which DOES have a private right of recovery.) They are basically betting that there will never be a Republican Administration that has a hard-on for employers who did this again, because the HIPAA violation is a CRIMINAL FELONY carrying 10 years in prison -- not just fines. If this shit goes sideways to any material degree (e.g. like Vioxx) the odds of that NOT happening are pretty damn poor. I wouldn't take that wager, standing alone, and that's not the only bet being made.

In addition they're betting that IF an employee is seriously injured or dies as a result of the jab, proved or not, that the employee or their family will not skullfuck every single individual that coerced the shot in retribution and care exactly as much about the law as said executives did in coercing the jab in the first place.

I think you have to be out of your fucking mind as a CEO to do that as exactly zero of either them or any manager in any firm have any reasonable security that will be effective in such a situation. Given the completely-unknown nature of the risk of long-term damage that's a hell of a bet to take and the larger the employee base the greater the risk that one or more of them gets fucked.

I also suspect that a LOT of these threats are just that -- threats, with ZERO intent to follow through. Given the lawless nature of our government these days even though such a threat is arguably a criminal assault there's almost no chance anyone will get prosecuted for it. I will wait until I see people actually fired IN SIZE to believe that they're willing to actually do it.

Incidentally here's a link to a lawyer's blog and letter: https://vivabarneslaw.locals.com/post/68....

Last modified: 2021-05-20 15:45:17 by tickerguy

2021-05-20 15:40:53