Live data from Hacker News

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

iapps.courts.state.ny.us

211–220 of 443 posts

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

#211
post #185
post #121

I can understand why the vaccine mandate would be unconstitutional as a whole, but why shouldn't the city be allowed to fire whoever they feel like firing? New York is an at will state.

Quoted post unavailable.

I don't think you understand what "at will" means.

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

#212
post #190
post #135

Earlier quoted context omitted.

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 He…

Yeah but the ruling is bogus.

The health commissioner's order didn't say fire the employees [1]. It said that you can't have unvaccinated people on the premise which is clearly within their powers to "control of communicable and chronic diseases ... " [2]. The commissioner never said you needed to fire anybody. It we start taking this to the extreme, I think we can agree if somebody has Ebola its ok for the commissioner to say that person should not show up to work. Such a claim is in direct contradiction with the Judge's statements though: "The Health Commissioner cannot prohibit an employee from reporting to work.".

[1]: https://www1.nyc.gov/assets/doh/downloads/pdf/covid/covid-19...

[2]: https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet...

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

#213
post #184

Earlier quoted context omitted.

> This is not a slippery slope situation. I think it is. Governments aren't that trustworthy if you ask me.

The paranoia is a bit too late. Emergency powers were established by Congress a century ago, and at least 60 national emergencies have been declared since. In New York State, a state of emergency declaration permits the governor to direct local officials and state agencies, and to suspend state and local law or regulation to facilitate disaster response efforts. If there ever was a slippery slope, it has long since b…

I am negotiating my life, not the ones of my great-grandparents.

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

#214

What was wild is the amount of hate and vitriol directed towards those who chose not get to vaccinated and lost or risked losing their jobs. This forum was not exempt from that hate. I hope this court opinion is enough to sway the opinion of those who held such extreme beliefs in this vaccine mandate that there are different opinions, and it doesnt have to be so extreme when deciding how to move forward with things t…

There wasn't hate, at least not broadly. There was anger, sure, but not hate. At the time the focus was on making sure the vaccinations were taken seriously so as to protect those who couldn't do it, and plenty of people instead made ideological and self-centered decisions (their right to do so) rather than compassionate and ethical ones.

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

#215
post #213

Earlier quoted context omitted.

The paranoia is a bit too late. Emergency powers were established by Congress a century ago, and at least 60 national emergencies have been declared since. In New York State, a state of emergency declaration permits the governor to direct local officials and state agencies, and to suspend state and local law or regulation to facilitate disaster response efforts. If there ever was a slippery slope, it has long since b…

I am negotiating my life, not the ones of my great-grandparents.

Then you should have been there back in March of 1789. Government is for those who participate, not those who whine about it after the fact. You certainly aren't required to abide by laws or social contract if you don't value the liberties and protections granted by the Constitution and US citizenship.

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

#216
post #198

Earlier quoted context omitted.

Doubt it. The court also said the following (court towards the end indicates that the mandate didn’t make sense even when the order was issued): > “”Being vaccinated does not prevent an individual from contracting or transmitting Covid-19. As of the day of this Decision, CDC guidelines regarding quarantine and isolation are the same for vaccinated and unvaccinated individuals. The Petitioners should not have been ter…

Yikes. This reads like a gish-gallop of anti-vax talking points. I don’t even necessarily disagree with the decision to reinstate the employees, but this legal reasoning is embarrassing. Edit: I’m happy to learn that the New York Supreme Court is not the highest court in New York, this entire thread is misleading (I think people are assuming New York’s highest court slapped down vaccine mandates). I don’t know why Ne…

I think it is important to understand that not all people who against vax mandates are anti-vaxers.

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

#217
post #213

Earlier quoted context omitted.

I am negotiating my life, not the ones of my great-grandparents.

Then you should have been there back in March of 1789. Government is for those who participate, not those who whine about it after the fact. You certainly aren't required to abide by laws or social contract if you don't value the liberties and protections granted by the Constitution and US citizenship.

Were you?

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

#219
post #198

Earlier quoted context omitted.

Doubt it. The court also said the following (court towards the end indicates that the mandate didn’t make sense even when the order was issued): > “”Being vaccinated does not prevent an individual from contracting or transmitting Covid-19. As of the day of this Decision, CDC guidelines regarding quarantine and isolation are the same for vaccinated and unvaccinated individuals. The Petitioners should not have been ter…

Yikes. This reads like a gish-gallop of anti-vax talking points. I don’t even necessarily disagree with the decision to reinstate the employees, but this legal reasoning is embarrassing. Edit: I’m happy to learn that the New York Supreme Court is not the highest court in New York, this entire thread is misleading (I think people are assuming New York’s highest court slapped down vaccine mandates). I don’t know why Ne…

The legal reasoning doesn’t need to go beyond the first line, which I believe is now scientific and popular consensus?

“Being vaccinated does not prevent an individual from contracting or transmitting Covid-19.”

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

#220
post #217

Earlier quoted context omitted.

Then you should have been there back in March of 1789. Government is for those who participate, not those who whine about it after the fact. You certainly aren't required to abide by laws or social contract if you don't value the liberties and protections granted by the Constitution and US citizenship.

Were you?

I was in the cafeteria selling smokes.
Post reply on HN