No EI for the unvaccinated

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crookedmember
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Re: No EI for the unvaccinated

Post by crookedmember »

^

There is no law that prevents employers from requiring vaccination as a condition of employment.
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Sparki55
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Re: No EI for the unvaccinated

Post by Sparki55 »

crookedmember wrote: Oct 31st, 2021, 7:47 pm ^

There is no law that prevents employers from requiring vaccination as a condition of employment.
Then why would asking for say my tetanus vaccination status at work never be handed over and if I was fired for it would be grounds for wrongful dismissal and a settlement?

You don't understand how the law works.

There is no law that explicitly explains I can't spray my neighbors yard with pesticides. You'd need to contact a lawyer to charge me and take me to court.
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crookedmember
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Re: No EI for the unvaccinated

Post by crookedmember »

Sparki55 wrote: Oct 31st, 2021, 8:02 pm
crookedmember wrote: Oct 31st, 2021, 7:47 pm ^

There is no law that prevents employers from requiring vaccination as a condition of employment.
Then why would asking for say my tetanus vaccination status at work never be handed over and if I was fired for it would be grounds for wrongful dismissal and a settlement?

You don't understand how the law works.

There is no law that explicitly explains I can't spray my neighbors yard with pesticides. You'd need to contact a lawyer to charge me and take me to court.

There is no law that prevents employers from requiring vaccination as a condition of employment.

If there were, I'm pretty sure all of the federal, provincial, local governments, health authorities, large corporations and their legal departments that are making vaccinations a condition of employment would know about them.

It's not me who doesn't understand the law.

There is no law that prevents employers from requiring vaccination as a condition of employment.
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rustled
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Re: No EI for the unvaccinated

Post by rustled »

Sparki55 wrote: Oct 31st, 2021, 8:02 pm
crookedmember wrote: Oct 31st, 2021, 7:47 pm ^

There is no law that prevents employers from requiring vaccination as a condition of employment.
Then why would asking for say my tetanus vaccination status at work never be handed over and if I was fired for it would be grounds for wrongful dismissal and a settlement?

You don't understand how the law works.

There is no law that explicitly explains I can't spray my neighbors yard with pesticides. You'd need to contact a lawyer to charge me and take me to court.
Can I be fired for refusing a COVID-19 vaccine?
Unless vaccinations are mandated by government, it is illegal for a company to fire an employee for cause if they refuse to get fully vaccinated against COVID-19. That said, you can’t physically prevent your employer from ending your employment relationship. If that happens, the company may owe you monetary damages.

An employer may face a claim for wrongful dismissal from a worker if they are let go without the proper amount of severance pay – up to 24 months’ pay – or no severance package at all. The company may also face reinstatement and human rights claims for terminating or letting an employee go in this case.

If you lose your job in Ontario, Alberta or British Columbia due to a mandate put in place by your employer, contact the employment lawyers at Samfiru Tumarkin LLP immediately to learn about the compensation you may be owed.
https://stlawyers.ca/coronavirus-knowle ... cinations/

It will be interesting to see if governments mandating in their (our) employ have more leeway than other employers. One would expect they should be able to show the mandate for a workplace or sector are reasonable, which I would think should entail proving the unvaccinated present a greater likelihood of coming to work while infectious.
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fluffy
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Re: No EI for the unvaccinated

Post by fluffy »

Sparki55 wrote: Oct 31st, 2021, 8:02 pmThere is no law that explicitly explains I can't spray my neighbors yard with pesticides.
Not explicitly, but there are blanket laws that guarantee property owners a right to quiet and peaceful enjoyment of their property. Just as employers are given the right to institute health & safety regulations to guarantee their employees the best degree of protection available. I've no doubt that we will see court challenges in the near future, I was talking with a friend who is a shop steward at a long term care facility where deadlines have passed and unvaxxed employees are facing termination. This will likely fall to their union to see what happens next, I'm sure a lot of people will be watching with interest. I expect we will see the EI thing come to a head as well now that pink slips are being handed out.
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Necro
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Re: No EI for the unvaccinated

Post by Necro »

fluffy wrote: Oct 30th, 2021, 5:53 am
Necro wrote: Oct 29th, 2021, 9:43 pmIt must be the only place in the galaxy where a "vaccination" doesn't protect you from the intended disease while authoritarian pinheads clap at the thought of stripping charter rights over a virus with an average rate of survival exceeding 90%
But it offers a lot of protection, a heck of a lot more than going without it, and it also protects those around you but let's just ignore that, okay? Survival rate isn't nearly as important to consider than death rate, or those who may suffer long-standing heralth issues, but let's just ignore that too, after all they're all old and fat, right ?

As far as I'm concerned, refusing the vaccination on the grounds of the "my rights" argument is selfish and irresponsible, and paying out EI in those cases is just subsidizing stupid.
It doesn't offer protection. *removed*

Survival rate is the only # that matters. *removed*

The vax doesn't prevent you from getting, or spreading, the Chyna-Virus. That means forcing people to take something that doesn't prevent you from getting what it's been designed to prevent is both unconscionable and stupid. Just like masks.

Stripping a person's ability to collect EI because they refuse to take a fake (it doesn't prevent the virus) vax is almost as monstrous as masking and vaxxing children.

You people don't belong in a civil society.
Last edited by ferri on Nov 1st, 2021, 10:12 am, edited 1 time in total.
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seewood
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Re: No EI for the unvaccinated

Post by seewood »

I understand the EI program is an insurance program for when one becomes unemployed from work. This is for ones working at a workplace where deductions have been made from their pay cheques and the employer has kicked a percentage in as well.
If you quite or are fired, I thought the waiting period is much longer than a layoff from lack of work for example.

I really don't believe the NO EI for the unvaccinated will hold water, but a longer timeframe before they receive any benefits would likely be the case. They paid into an insurance program and it would be wrong in my opinion, for them not to receive EI.

I have been saying not having the vaccines have consequences and it seems those consequences are mounting.
Getting a vaccine that has shown ones survival rate is increased should one contract the disease should be a no brainer, however it appears some fall into the no brain category.
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Re: No EI for the unvaccinated

Post by Beerhunter341 »

seewood wrote: Nov 1st, 2021, 10:28 am I understand the EI program is an insurance program for when one becomes unemployed from work. This is for ones working at a workplace where deductions have been made from their pay cheques and the employer has kicked a percentage in as well.
If you quite or are fired, I thought the waiting period is much longer than a layoff from lack of work for example.

I really don't believe the NO EI for the unvaccinated will hold water, but a longer timeframe before they receive any benefits would likely be the case. They paid into an insurance program and it would be wrong in my opinion, for them not to receive EI.

I have been saying not having the vaccines have consequences and it seems those consequences are mounting.
Getting a vaccine that has shown ones survival rate is increased should one contract the disease should be a no brainer, however it appears some fall into the no brain category.
From the EI site IN CANADA
https://www.canada.ca/en/services/benef ... ility.html

COVID-19 vaccination
In most cases, if you lose or quit your job because you didn’t comply with your employer’s mandatory COVID-19 vaccination policy, you won’t be eligible for EI regular benefits. To determine if you’re eligible, we may contact you to obtain information such as:

if your employer clearly communicated a mandatory COVID‑19 vaccination policy to you
if you were informed that not complying with the policy would result in you losing your employment
if applying the policy to you was reasonable within your workplace context
if you have a valid reason for not complying with the policy and your employer didn’t provide you an exemption
We’ll use the facts provided by you and your employer to determine if you’re entitled to benefits.
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Re: No EI for the unvaccinated

Post by Beerhunter341 »

I do wonder if the following applies...

You may qualify for the CRB assistance if you:

• are not eligible for Employment Insurance and are not employed or self-employed due to COVID-19 or are working and have
had a reduction of at least 50% in your income for reasons related to COVID-19
• are available and looking for work and must accept work where it is reasonable to do so
• have not quit your job voluntarily, unless it was reasonable to do so
• have exhausted your EI benefits and are no longer eligible for EI, you may be eligible for the CRB if you meet the eligibility criteria
seewood
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Re: No EI for the unvaccinated

Post by seewood »

Beerhunter341 wrote: Nov 1st, 2021, 10:35 am COVID-19 vaccination
In most cases, if you lose or quit your job because you didn’t comply with your employer’s mandatory COVID-19 vaccination policy, you won’t be eligible for EI regular benefits. To determine if you’re eligible, we may contact you to obtain information such as:

if your employer clearly communicated a mandatory COVID‑19 vaccination policy to you
if you were informed that not complying with the policy would result in you losing your employment
if applying the policy to you was reasonable within your workplace context
if you have a valid reason for not complying with the policy and your employer didn’t provide you an exemption
We’ll use the facts provided by you and your employer to determine if you’re entitled to benefits.
Wow, thanks for that. I haven't collected EI since about 1990 but being an insurance program you paid into, I didn't think the government could keep your money if you had paid into the program. Maybe be challenged?
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Sparki55
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Re: No EI for the unvaccinated

Post by Sparki55 »

crookedmember wrote: Nov 1st, 2021, 8:27 am There is no law that prevents employers from requiring vaccination as a condition of employment.
Yes, it's called the right to privacy of medical records.

Unless a PHO is put in place requiring the proof of a specific vaccination.

Just as Jlives mentioned below that there are other laws pertaining to the example I posted.
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Re: No EI for the unvaccinated

Post by Beerhunter341 »

Sparki55 wrote: Nov 1st, 2021, 11:03 am
crookedmember wrote: Nov 1st, 2021, 8:27 am There is no law that prevents employers from requiring vaccination as a condition of employment.
Yes, it's called the right to privacy of medical records.

Unless a PHO is put in place requiring the proof of a specific vaccination.

Just as Jlives mentioned below that there are other laws pertaining to the example I posted.
This is the exact problem. They are requiring you to provide proof by way of confidential information. Actually, by terminating an employee are they not revealing confidential information?
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crookedmember
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Re: No EI for the unvaccinated

Post by crookedmember »

Sparki55 wrote: Nov 1st, 2021, 11:03 am
crookedmember wrote: Nov 1st, 2021, 8:27 am There is no law that prevents employers from requiring vaccination as a condition of employment.
Yes, it's called the right to privacy of medical records.

There is no "privacy of medical records" law. That's something somebody made up.

If you're injured in a car accident, you have to give ICBC your medical records, or you don't get paid.

If you want to buy/make a claim on travel insurance, you have to hand over your medical records.

If you want to buy life insurance . . . medical records.

Want to live in UBC housing? Proof of vaccination required.

Want to drive after a certain age? Guess what you need to provide?
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Beerhunter341
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Re: No EI for the unvaccinated

Post by Beerhunter341 »

crookedmember wrote: Nov 1st, 2021, 11:53 am
Sparki55 wrote: Nov 1st, 2021, 11:03 am

Yes, it's called the right to privacy of medical records.

Want to drive after a certain age? Guess what you need to provide?
You need a doctor to say it is ok for you to drive. You don't provide medical records
Sparki55
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Re: No EI for the unvaccinated

Post by Sparki55 »

crookedmember wrote: Nov 1st, 2021, 11:53 am There is no "privacy of medical records" law. That's something somebody made up.
There are privacy laws regarding your personal information.

Go ask my doctor for my records, even off them $100,000 for the info, I'll even pay you. Hint, they won't give them up.

ICBC is only entitled to a 2-page document with a summary of your injuries, the treatment given, your current condition, and the path forward. They do not get a full comprehensive report of all the vaccines, mental health, and past injuries you have had.

I have health insurance and I did not have to provide my medical records to get it...

Doctors sign off that someone is eligible to drive, they don't disclose all your information.

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