legal?? What do you think?

itsbob

I bowl overhand
It started at work.. we MUST be vaccinated or face termination. At first they stated to protect our privacy they would only ask us to attest to being vaccinated (or not), now they are requiring proof, i.e. vaccination/ medical records, showing that we have been vaccinated.

How could this be legal? We aren't sending our records to a doctor for confirmation, or a medical office, but to the management and administration of the office. How is this NOT a violation of HIPAA, because Brandon said so??
 

PeoplesElbow

Well-Known Member
Who is Brandon?

I make a big deal when anyone wants PII of any kind. It led to someone being outed for misplacing PII, and I bring it up every time, this person hates me because I use her name when I bring it up.
 

Bare-ya-cuda

Well-Known Member
Where is hemihauler? He has declared himself forum expert pertaining to labor laws. I am sure he will be here soon. 🤣
 

LightRoasted

If I may ...
If I may ...

It started at work.. we MUST be vaccinated or face termination. At first they stated to protect our privacy they would only ask us to attest to being vaccinated (or not), now they are requiring proof, i.e. vaccination/ medical records, showing that we have been vaccinated.

How could this be legal? We aren't sending our records to a doctor for confirmation, or a medical office, but to the management and administration of the office. How is this NOT a violation of HIPAA, because Brandon said so??
Tell them to submit a specific medical records request to your doctor's office for that information. Personal medical information which requires that, you, grant them consent to obtain that specific medical information, by filling out a medical records request form and supplying to them. Which you do not consent to do. In other words, personal medical information is private, per HIPAA. And you have no intention of providing personal, and private, medical information about your person to anyone outside of the medial professional community.

Requests from your employer
Your employer can ask you for a doctor’s note or other health information if they need the information for sick leave, workers’ compensation, wellness programs, or health insurance.
However, if your employer asks your health care provider directly for information about you, your provider cannot give your employer the information without your authorization unless other laws require them to do so. Generally, the Privacy Rule applies to the disclosures made by your health care provider, not the questions your employer may ask.
 

Editor

somd.com Editor
Staff member
PREMO Member
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It started at work.. we MUST be vaccinated or face termination. At first they stated to protect our privacy they would only ask us to attest to being vaccinated (or not), now they are requiring proof, i.e. vaccination/ medical records, showing that we have been vaccinated.

How could this be legal? We aren't sending our records to a doctor for confirmation, or a medical office, but to the management and administration of the office. How is this NOT a violation of HIPAA, because Brandon said so??
One key to any successful lawsuit is good, solid documentation. Keep a written seratim log of everything that transpires, as it transpires. Ask for all mandates from the employer in writing. If they refuse, make note of the who, when and what in your notes.

If it comes down to the point where you're nose to nose and you have nothing to lose, inform the boss that if they terminate you, you will sue them. They might beat the rap, but they won't beat the ride.

NOT LEGAL ADVICE! Just what I would like to think I would do in a similar situation.

You might also want to hit the google for 'attorney robert barnes.' He is a heavy legal hitter and is behind major lawsuits across the country on this very subject.

P.S. This is not a matter of whether or not vaccines work (While vaccines in general have solid science behind them, these COVID ones obviously don't always work based on the data that 1) Boosters are constantly required; 2) vaccinated people catch COVID; 3) vaccinated people spread COVID; and 4) vaccinated people die from COVID; and there is even data to suggest that some small number of people die or are seriously injured by the vaccine.) It's a matter of constitutional and human rights (Isn't that what the pro-Abortionists having been preaching to us for years, and for the record, I am pro-Choice as long as it is not used as a form of birth control.). Frankly, one has to wonder about the real justification based on news stories like these:


 
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Bare-ya-cuda

Well-Known Member
Unfortunately the decision to get vaccinated or face termination will come long before any courts can intervene. I do know the NAVIR has contract mods ion-work for the companies outside the gate and all future contracts will have these type of thing written into them from the start.
 

glhs837

Power with Control

Editor

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Unfortunately the decision to get vaccinated or face termination will come long before any courts can intervene. I do know the NAVIR has contract mods ion-work for the companies outside the gate and all future contracts will have these type of thing written into them from the start.
Absolutely correct. If you're going to take a stand against this, then you'll have to be prepared to ride the storm out. It will be a tough call for many people and I don't mean to diminish that.

But, also a good reason to follow the Dave Ramsey philosophy and be debt free, including your house, and have a big emergency fund.

The shot is probably not going to kill you. I think it is more about making big bucks and control of the people. After decades of abuse by the ruling elites by the hands of their minions, the political class, the economy is near a massive failure and it won't be pretty. I believe this is just an exercise in training people to do as your told. For anyone who dismisses my statements as 'conspiracy theory,' I refer you to the loving nations of Saudi Arabia, The Chinese CommieLand, and the ever loving North Korea. Go do some solid research on how things work in those dystopias, a/k/a 'Hell on Earth.'
 
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Loper

Animal Poor!
PREMO Member
It started at work.. we MUST be vaccinated or face termination. At first they stated to protect our privacy they would only ask us to attest to being vaccinated (or not), now they are requiring proof, i.e. vaccination/ medical records, showing that we have been vaccinated.

How could this be legal? We aren't sending our records to a doctor for confirmation, or a medical office, but to the management and administration of the office. How is this NOT a violation of HIPAA, because Brandon said so??
So it begins, local contracting companies are now informing employees who didn't comply with vaccine mandates that they will be terminated.
 

vraiblonde

Board Mommy
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You know, if we'd all stick together they'd stop this nonsense. They can't fire everyone. At some point they do have a company to run.
 

spr1975wshs

Mostly settled in...
PREMO Member
Ad Free Experience
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How is this NOT a violation of HIPAA,
I did some research, went to the HIPAA site. One's employer asking for proof of vaccination is not protected. HIPAA protects your info, which is controlled by health care providers and medical insurers.
 

TPD

the poor dad
I think you have a better chance under ADA law of avoiding the vaccine mandate than you do HIPPA. I know when I was fighting my mask mandate case earlier this year for my employees, ADA is what covered them from wearing a mask.
 

PrchJrkr

Long Haired Country Boy
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I'm glad I work for a friend in the private sector. He knows my choice/reasons and respects them. He even did the leg work and checked with the airlines to get their policy for me.
 
Reactions: TPD

Merlin99

Visualize whirled peas
PREMO Member
So it begins, local contracting companies are now informing employees who didn't comply with vaccine mandates that they will be terminated.
Actually their not firing them, they’re putting them on LWOP (leave without pay). If you’re fired you’re eligible for unemployment, with LWOP you’re not.
 

DaSDGuy

Well-Known Member
So it begins, local contracting companies are now informing employees who didn't comply with vaccine mandates that they will be terminated.
Please ID the companies doing this. I need to shrink my business partner list.
 
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