News From The Right Side

New York Supreme Court Reinstates All Unvaccinated Workers With Backpay

New York Supreme Court Reinstates All Unvaccinated Workers With Backpay

The New York Supreme Court on Monday reinstated all employees who previously lost their jobs for refusing to take the COVID-19 vaccine.

The court ordered that the employees are also “entitled to back pay in salary from the date of termination”and affirmed that their rights had been violated after the city imposed harsh vaccine mandates earlier this year.

In the ruling, court noted that “being vaccinated does not prevent an individual from contracting or transmitting COVID-19,” adding that “vaccination should be encouraged, public employees should not have been terminated for their noncompliance.”

“As of the day of this Decision, CDC guidelines regarding quarantine and isolation are the same for vaccinated and unvaccinated individuals,” the ruling states. “The Petitioners should not have been terminated for choosing not to protect themselves.”

The plaintiffs in the lawsuit included the City of New York, the New York City Department of Health and Mental Hygiene, the New York Department of Sanitation, Commissioner of the Department of Health and Mental Hygiene David Chokshi, and New York City Mayor Adams.

“Based upon the Petitioners’ vague denials of their exemptions, the fact they were kept at full duty for several months while their exemptions were pending, the Mayor’s Executive Order granting exemptions to certain classes of people, and the lifting of the private sector mandate, this Court finds the Commissioners Orders of October 20, 2021, and December 13, 2021, as well as the Mayor’s Executive Order No. 62 to be arbitrary and capricious,” the state court ruled.

“There is nothing in the record to support the rationality of keeping a vaccination mandate for public employees, while vacating the mandate for private sector employees or creating a carveout for certain professions, like athletes, artists, and performers.”

“This is clearly an arbitrary and capricious action because we are dealing with identical unvaccinated people being treated differently by the same administrative agency,” the court added.

New York City unjustly fired about 1,400 workers, including firefighters, police officers and other emergency workers, for refusing the COVID-19 vaccines earlier this year after imposing a vaccine mandate under the former mayor, Bill de Blasio.

The court’s ruling comes after Mayor Adams asserted earlier this year that his administration would not rehire unvaccinated employees.

This news and commentary by Andrew White originally appeared on Valiant News.

Share the Post:

Comments 4

  1. Daniel says:

    When do these people get hanged for crimes against humanity? When does the governor get arrested?

  2. Doug Litchfield says:

    When does my mental well being get placated? I was so distraught when the guys in jack boots didn’t bust down the door with CNN filming the scene of the farce. Their ratings must be thru the roof.

  3. Leftshot says:

    I know a lot of private and public sector employees around the nation that were fired under similar circumstances.

    My wife for example, worked for a private sector employer whose company was identified as providing essential services. For a year and a half she and other staff were required to come into work, while others worked from home with pay or didn’t work but were paid. Then they compounded their arbitrary and capricious actions by announcing a vaccine mandate to be enforced four months hense. The written policy included medical and religious exemptions, but the CEO made it clear to the staff that there would be no exceptions and they didn’t even follow their own process and deadlines for those who applied for exceptions. They basically ignored any such applications.

    Companies and organizations that did stuff like this fit the court’s description of “arbitrary and capricious to a tee.

    I hope there are lots of class action lawsuits so that organizations learn they can’t treat people this way.

  4. Jack says:

    Yay! About time somebody got smart!

Leave a Reply

Your email address will not be published. Required fields are marked *