1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Covid-Notice-PTO-Resignation

Discussion in 'Termination: Firing & Resignation' started by John Parker, Aug 18, 2021.

  1. John Parker

    John Parker Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    North Carolina
    My wifes employer (hospital) has a policy that employees must give 30 days notice in order to get paid out PTO upon resignation. She will also be fired on 9.21 if she refuses to take the covid vaccine. Her PTO will be about $3k which we could use.

    However, I am wondering if she is basically being forced to put in a resignation in order to get her PTO instead of the company firing her for not getting covid jab.

    Should she hold off on the 30 day resignation notice?
    Not sure if not putting in her notice will help her in any future covid lawsuits?

    They are basically firing her due to not getting the vaccine but also tyeing her hands when it comes to forcing the resignation in order for her to receive her earned PTO.
     
  2. Zigner

    Zigner Well-Known Member

    Messages:
    3,996
    Likes Received:
    2,149
    Trophy Points:
    113

    Sometimes, standing by your principles, no matter how misguided, may cause you pain.
     
    MedEngi and zddoodah like this.
  3. John Parker

    John Parker Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    Yes. But kind of looking for legal options not random thoughts
     
  4. Zigner

    Zigner Well-Known Member

    Messages:
    3,996
    Likes Received:
    2,149
    Trophy Points:
    113

    Alrighty then:

    Option 1: She stands by her principles and loses her PTO.
    Option 2: She thinks beyond her own misguided perception of the matter and gets the vaccine, thus protecting herself, those around her, and her $3k.

    Better?
     
    Ohiogal, justblue and cynthiag like this.
  5. John Parker

    John Parker Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    Ah. So a vaxer spreading his newly found religion. Those around her-hmmmm. She has worked in the hospital for the past 18 months with no covid outbreaks due to the "Unvaccinated." Now all of a sudden, it needs to be mandatory. I swear idiots like you are a dime a dozen. Shouldn't you be out in line to get the booster to protect you against a disease which provides 99.9XX % survival rate without the jab?
     
  6. army judge

    army judge Super Moderator

    Messages:
    34,083
    Likes Received:
    5,613
    Trophy Points:
    113

    Cost benefit analysis

    I can get vaccinated and retain my job and access to $3,000.

    I quit my job, avoid getting vaccinated, and walk away with $3,000.

    If you don't have PULL, you're forced to eat BULL.
     
    John Parker likes this.
  7. justblue

    justblue Well-Known Member

    Messages:
    2,481
    Likes Received:
    1,102
    Trophy Points:
    113

    You're an idiot. 625 thousand people have died and 37+ million sickened from this virus just in the US. You, and people like you, are the reason for so many deaths. C-19 is a terrible way to die...and those that survive are often left with debilitating after affects.
     
  8. John Parker

    John Parker Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
    I know. We (you) can trust those numbers. Go worship your Fauci, CDC, WHO Gods. I didnt come hear to argue about covid. What kind of a loser do you have to be to go on law sites inciting arguments about covid. And this "Option 2: She thinks beyond her own misguided perception" is what started the whole argument turd. Get a life loser. Oh wait-give it 2 years and yours will be over. haha. Useless bottom feeder.
     
  9. Zigner

    Zigner Well-Known Member

    Messages:
    3,996
    Likes Received:
    2,149
    Trophy Points:
    113

    You are a shining example of ...

    Well...

    Bless your heart.
     
    justblue likes this.
  10. zddoodah

    zddoodah Well-Known Member

    Messages:
    5,065
    Likes Received:
    1,430
    Trophy Points:
    113

    From anonymous strangers on the internet.

    No one here can give you any sort of reliable assurances in a nearly unprecedented situation.

    Option 3: Resign with 30 days' notice and get her $3k in PTO.

    P.S. I'm not going to argue with you about getting or not getting any vaccine. However, you need to understand that there is no perfect solution here. She can (1) stand by her principles and get fired and lose her PTO but retain all rights in "any future covid lawsuits;" (2) resign and keep her PTO and risk a possible negative impact on "any future covid lawsuits;" or (3) get the vaccine and keep her job and PTO.
     
  11. cbg

    cbg Super Moderator

    Messages:
    8,630
    Likes Received:
    1,788
    Trophy Points:
    113

    I have posted this before. I have no doubt that due to Koolaid drinkers like the OP who think their 20 minutes on Google is equivalent to the education and experience of the folks who REALLY know what's going on.

    I work for a major research university - one of the oldest in the US and one of the most respected in the world. We have scientists who are currently on leave of absence to be science advisors to President Biden. Ever since January of 2020, every time you turned around someone whose paycheck is signed by the same person who signs mine was being quoted in national or even international reports. These same people have been involved in the research into the this virus right from the beginning and in the study of mRNA viruses for the last 30 years. You didn't think that research only started last year, did you?

    We are still working from home whenever possible. We are still on the basis of, If you can work from home, you do work from home. If you must work in the office, you MUST be vaccinated and you MUST be masked unless you are alone in a closed-door office. Proof of vaccination must be provided before August 31; failure to comply will result in disciplinary action. NO exceptions whatsoever will be permitted with regards to masks - exceptions for vaccination will only be allowed for pre-approved medical or religious reasons. And when I mean pre-approved, I mean you can't just show up and claim you're exempt; they are SERIOUS about this. As I said, these are the folks who are hand-on into the research. When THEY tell me I don't need to be vaccinated or wear a mask, fine. Until then, I'm listening to the people who actually know - not the idiots who think they actually have a clue as to how things work.

    If the owner wants to discipline me for this, that's fine - he can do so. But I'm going to say it anyway. John Parker, you and your wife are morons. Talk about sheep - blindly following memes on the Internet without learning how to think for themselves. I've got a news flash for you, friend - science is there for a reason, and it works.

    The US Supreme court ruled as long ago as 1905 that mandatory vaccinations were Constitutional, and that decision was affirmed only last week by the current court - you know, the one that's one-third Trump appointees? So your legal options are, get the vaccination and the PTO, or don't get the vaccination and don't get the PTO. That's all the legal option you get.
     
  12. justblue

    justblue Well-Known Member

    Messages:
    2,481
    Likes Received:
    1,102
    Trophy Points:
    113

    I pray you don't have children, because your ignorance may kill them. But if you do, and they are sadly infected with COVID-19 and/or the Delta variant, please recall what you posted here today as you sit next to their hospital bed and listen to them struggle for every breath.
     
    Ohiogal likes this.
  13. John Parker

    John Parker Law Topic Starter New Member

    Messages:
    5
    Likes Received:
    0
    Trophy Points:
    1
     
  14. justblue

    justblue Well-Known Member

    Messages:
    2,481
    Likes Received:
    1,102
    Trophy Points:
    113

    You're sources are as pathetic as your argument. Are you one of those Qanon nutters?

    As a FYI for the other members here, OP has posted his response in the quote of cbg post.
     
    Ohiogal likes this.
  15. stealthy1

    stealthy1 Active Member

    Messages:
    145
    Likes Received:
    120
    Trophy Points:
    43
    My Mom (91, w/dementia) was in the hospital just as vaxxing started for the vulnerable (like her), essential workers, etc. I was shocked to discover that there were nurses/staff who refused the vax. I was allowed to stay with her for comfort care, and I made it clear to the hospital admin that I didn't want anyone who'd refused the vax to be caring for Mom.

    It is unconscionable for medical professionals to put their patients at risk by refusing the vaccine. Don't want it? Find a different job.
     
    cbg, retic, Ohiogal and 1 other person like this.
  16. ldij46

    ldij46 New Member

    Messages:
    4
    Likes Received:
    6
    Trophy Points:
    3
    I signed up for this forum just to reply to you...so that I can demonstrate to you just how ignorant you are about the development of the vaccines for COVID 19.

    The world wide scientific community has been studying the possibility of vaccines of this nature since the 1950s. Over the last 10 years, specifically the world wide scientific community has been actively developing and testing vaccines of this nature. They have been anticipating a potential pandemic from SARS type viruses (which COVID 19 is).

    So, when COVID 19 hit, and China released the DNA for the virus (which they released in January of 2020) the pharmaceutical companies immediately took that DNA and dropped in into the vaccine mechanism that was already in place and immediately started beta testing.

    Just like the pharmaceutical companies are able to develop an updated version of the flu vaccine on an annual basis the pharmaceutical companies were able to drop the DNA for COVID 19 into an already developed vaccine mechanism.

    But hey...you and your political cronies aren't interested in the actual science of what is going on, or you would already know everything that I am telling you. The information is widely available for anyone who wants the truth.
     
    Ohiogal, cbg, stealthy1 and 1 other person like this.
  17. cbg

    cbg Super Moderator

    Messages:
    8,630
    Likes Received:
    1,788
    Trophy Points:
    113

    And as for the studies proving that Covid is a virus, all I can say is that if you're not finding them, you're not looking very hard. If at all.
     
    justblue and stealthy1 like this.
  18. welkin

    welkin Active Member

    Messages:
    359
    Likes Received:
    84
    Trophy Points:
    28
    Let me ask OP a question. Have you or your wife ever been vaccinated? When you attended grade school or high school or college or when you may have traveled out of the country? Have you ever received a tetanus shot after being injured? I'm sure you have. So what is different with the Covid vaccinate?

    The difference is fear. The media and the government want you to be afraid. And your wife is just that.

    If you haven't noticed the government is replacing rights with privileges. The privilege to assemble, the privilege to travel and more.

    You should thing about that and tell your wife not to be afraid because a jab in the arm is not going to kill her but doing nothing may.
     
  19. army judge

    army judge Super Moderator

    Messages:
    34,083
    Likes Received:
    5,613
    Trophy Points:
    113

    Please refrain from referring to other posters and volunteers in negative or pejorative terms.

    Let's keep our wits about us at all, times.

    Please play nice people, thank you.

    God bless the USA and all who call Her home.
     
  20. Redemptionman

    Redemptionman Active Member

    Messages:
    598
    Likes Received:
    72
    Trophy Points:
    28
    Lots of Blue posters here that is for sure, but I have been vaxxed and I don't necessarily believe in all the Liberal nonsense. I also get the flu shoot every year, and if I had COVID I have not been aware but the COVID vaccine for me was easier than the Flu shot I get every year. I had ZERO reaction while my wife had a pretty significant one.

    With that said once FDA approval happens in September it will be a requirement in almost ALL organizations, you can be fired if you do not adhere to company policy, and you have no repercussion since COVID lawsuits are legally protected insta dismissals. So try to sue away which won't happen. If you are that stead fast against it then I would take the 3k and run.

    Good luck to wife for finding another job that doesn't require it.
     

Share This Page