New York Supreme Court Orders Reinstatement Of Employees Who Were Fired For Being Unvaccinated, Includes "Back Pay In Salary From The Date Of Termination"
The New York Supreme Court has ordered the reinstatement of employees who were terminated for being unvaccinated.
In October 2021, David Chokshi – the Health Commissioner for New York City – passed a mandate that required all city employees to show proof of their Covid-19 vaccination. The order impacted 3,000 employees who decided to take unpaid leave instead of receiving their shots. In February 2022, New York City fired 1,430 public-sector employees after they missed the cut-off date for receiving their vaccination (under former Mayor De Blasio). One month later, Mayor Adams issued Emergency Executive Order 62, which lifted the vaccine mandate for athletes and performers who were based in New York City.
On Monday, October 24, the New York Supreme Court found that "being vaccinated does not prevent an individual from contracting or transmitting Covid-19" and, in addition, petitioners should not have gotten fired for "choosing not to protect themselves." The court has also admitted the protection offered by the vaccine from coronavirus is "not absolute." It was determined that the Covid-19 vaccine mandate for employees was "not just about safety and public health" but that it was "about compliance."
"If it was about safety and public health, unvaccinated workers would have been placed on leave the moment the order was issued. If it was about safety and public health, the Health Commissioner would have issued city-wide mandates for vaccination for all residents. In a City with nearly 80% vaccination rate, we shouldn't be penalizing the people who showed up to work, at great risk to themselves and their families, while we were locked down. If it was about safety and public health, no one would be exempt. It is time for the City of New York to do what is right and what is just," the document states.
On October 24, the court ordered that employees who were terminated for their vaccination status must be reinstated to their full employment effective October 25, 2022, and are also entitled to "back pay in salary from the date of termination."
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