Hacker News Board Hacker News, browsed like a classic message board
Live data from Hacker News

NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

iapps.courts.state.ny.us

Post reply on HN
Print view View original

181–190 of 443 posts

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#181

Post by ls15 »

crazygringo wrote: post #74
muaytimbo wrote: post #63

Earlier quoted context omitted.

I’d like to see them held accountable. Every person who was affected by an unconstitutional law should have the ability to sue for damages arising from the intentional abridgment of their constitutional rights. Our rights would remain more intact if lawmakers actually faced personal financial penalties when they try to deny us the already very few rights afforded to us by the constitution.

How are you going to handle it when the Supreme Court reverses itself on decisions decades later? Or even just a few years later when a new Justice is added? Does all the money from damages get returned, with interest and accounting for inflation? Law is never settled and courts disagree and reverse frequently... So I don't think you've really thought this through... :) Including who is going to pay for all those dam…

Three strikes. Politician voted three times for laws that later were deemed unconstitutional by the SC, so the politician can only be a politian again after 30 years and some mandatory training and test.

What is not fair about this?

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#182

Post by VagueMag »

faeriechangling wrote: post #176
sky_rw wrote: post #139

Earlier quoted context omitted.

Well clearly there is an elite class to whom body autonomy is granted, and an underclass who must follow arbitrary and capricious rules. OP appreciates that celebrities and entertainers are our betters and should not be held to the same standard.

Yes exactly. You are allowed to infect people with a deadly pandemic if you're rich, but if you're poor you have to risk personal medical consequences or lose your remote job.

No post body was provided.

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#183

Post by gruez »

ClumsyPilot wrote: post #149
Aunche wrote: post #117

Earlier quoted context omitted.

>Reject Capitalism? Starve to death on the streets. What's "rejecting capitalism?" You can't blow up the NYSE, but most everything else is fair game. Your employer isn't going to care if you reject capitalism so long as you get your work done. If you don't want to work under a capitalist, you can join join or start your own cooperative. If you can't do that, you can be an independent contractor. If you don't have the…

I am sorry, if you 'reject capitaliam' but have to check if 'your employer' cares, and pay 'your landlord' and go to the same grocery store, what exactly have you rejected?

Based on what you're describing "reject capitalism" is just edgier phrasing for "not respecting property rights" (ie. expecting your employer to give you money for nothing, or for your landlord to house you for free).

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#184

Post by ls15 »

ezekiel68 wrote: post #170
ClumsyPilot wrote: post #161

Earlier quoted context omitted.

> They were fired for cause, namely, insubordination The idea that you can order someone to perform a medical procedure because they work for you is disguisting. Where does this end?

Not at all. We require school children to undergo medical procedures before they may participate in city-funded education. The tone of alarm is unwarranted. This is not a slippery slope situation.

> This is not a slippery slope situation.

I think it is. Governments aren't that trustworthy if you ask me.

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#186

Post by jackcosgrove »

nostromo wrote: post #98
jakogut wrote: post #10

Something I've been wondering in recent cases where courts are overturning recent government action, whether unconstitutional bills passed into law, or unconstitutional executive actions that overstep authority, is where's the penalty for committing those actions in the first place? The state of New York famously responded to the outcome of NYSRPA v. Bruen, which overturned the defacto ban on concealed carry, by decl…

You’re seeing this play out with student loan forgiveness. Most legal scholars don’t believe it’s legal and will be overturned. But everyone also agrees any money given out will not be returned, so they’re rushing to get as much debt forgiven before it’s overturned.

Possession is nine tenths of the law.

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#187

Post by gruez »

ClumsyPilot wrote: post #155
phpisthebest wrote: post #60

Earlier quoted context omitted.

This is also shown in polling data, where congress on the whole has an approval rating of less than 10%, yet most years the incumbent is reelected That statistic alone has me questioning if democracy is a good system

We need an option 'against all' and if that option wins, all candidates are disqualified for life. Then approval rating would mean something.

That arguably makes vote splitting worse. Do you cast your vote for the least bad corrupt candidate so the other candidate that wants to [legalize killing babies/control women's bodies] doesn't win, or do you vote for the "against all" option so that both corrupt candidates get disqualified?

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#188

Post by [deleted] »

neither_color wrote: post #93
cantSpellSober wrote: post #50

Earlier quoted context omitted.

The argument at the time was that it was "creating a double standard that disadvantaged local artists and athletes" compared to performers that were not residents of NYC (but commuted in for work). https://www1.nyc.gov/office-of-the-mayor/news/153-22/transcr...

Stuff like this and allowing certain events while vilifying others as "superspreader events" killed a lot of people's belief in mitigation strategies IMO. A virus is a virus and doesn't recognize human needs or wants. Either there are no exceptions for anyone or we shouldn't bother.

[deleted]

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#189

Post by gruez »

Maursault wrote: post #168
xfitm3 wrote: post #156

Earlier quoted context omitted.

A growing number of doctors have threatened to withhold treatment from the unvaccinated, sparking backlash from doctors and bioethicists who say such sentiments violate the Hippocratic Oath. Those critics are even more troubled by the silence from professional organizations tasked with upholding medical ethics. The mandate should have never existed.

Quoted post unavailable.

>The mandate was legal.

says who? Another commenter has quoted a part of the decision

>This Court aggress that the Commissioner cannot enact a term of employment on City employees and has exceeded his scope of authority

Re: NY Supreme Court reinstates NYC's fired unvaccinated employees, orders backpay

#190

Post by db48x »

Aunche wrote: post #135
bufferoverflow wrote: post #131

Earlier quoted context omitted.

"At will" doesn't mean you can fire for any reason. Even if you don't state the reason (which they did), it would be illegal to fire all black people from a company, because it's trivial to prove for a large enough company. "at will" doesn't supercede civil rights act and other laws.

This is bad faith interpretation of my comment. We all know what the Civil Rights Act is. My question is what rule exactly is NYC breaking?

Did you read the ruling? It’s not actually very long (terrible pdf though):

“Finally, states of emergency are meant to be _temporary_. The question presented is whether the Health Commissioner has the authority to enact a permanent condition of employment during a state of emergency. This Court finds that the Commissioner does not have that authority and has acted beyond the scope of his authority under the Public Health Law and in violation of separation of powers. The Petitioners herein should not have been terminated for their failure to comply with the Commissioner’s Order during a _temporary_ state of emergency.”

and then later in the conclusion:

“It is clear that the Health Commissioner has the authority to issue public health mandates. No one is refuting that authority. However, the Health Commissioner cannot create a new condition of employment for City employees. The Health Commissioner cannot prohibit an employee from reporting to work. The Health Commissioner cannot terminate employees. The Mayor cannot except certain employees from these orders.”

https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet...

Post reply on HN