Re:NY Supreme Court reinstates all fired unvaccinated employ...
by typeofhuman on Tuesday October 25, 2022 @07:14PM
(#33337503)
An employee can be justly fired for violating safety policies.
In this context, it can be argued that the harm of being injured/killed outweighs the harm of being unemployed.
Re:NY Supreme Court reinstates all fired unvaccinated employ...
by janef0421 on Tuesday October 25, 2022 @07:38PM
(#33337694)
Yes, it is a valid argument in this case. However, the court has to consider the strength of that argument in relation to other arguments.
Re:NY Supreme Court reinstates all fired unvaccinated employ...
by janef0421 on Tuesday October 25, 2022 @07:35PM
(#33337671)
There are numerous aspects of American employment law wherein the harm of unemployment may be considered. For instance, it is relevant in cases of employment discrimination, and many states also have laws surrounding acceptable reasons for termination of employment. It is clearly not a priority of the legal system, but it is sometimes a relevant consideration.
I'm not sure the harm to the employee due to being unemployed has ever been an issue when considering labor law in the past, why should this be different?