Im just curious if anyone has any ideas here.
My GF is essentially being forced to get the shot with the threat of termination. Her boss told her that they will be requiring everyone to get vaccinated because his wife is slowly dying and he doesnt want to get her more sick. She loves her job, and doesnt want to leave. We've already dodged the bullet once after her boss made her book an appointment at work then told her he would drive her to the appointment before her shift. She has a hard time standing up for herself and almost gave in. I was able to change her mind... but now theyre saying that it will be mandatory by the end of the summer.
Ive been doing research and apparently they do have grounds to terminate an employee for denying the shot. Unless its on the grounds of medical/religious exemption. Right now the medical exemption is out the window, but im still grasping at straws that a religious exemption will work. We just dont know how to move forward with this route. She wants to avoid legal routes because money is an issue.
She thinks that if she gets the shot, her job will be saved and it would be less stress and everyone will be happy with her. But she knows 100% that she doesnt want it. Shes only considering giving in because the pressure and stress is getting to her. Once she gets the shot her parents will stop harassing her, her boss will stop harassing her. Etc.
It seems like Ive searched everywhere for an answer and i cant find one. Hopefully she just quits that bullshit job and finds one with patriots who actually give a shit about freedom of choice.
Your Rights to decline a Vaccine in the context of Employment
Summary:
There are 2 types of law in Canada:
Public Law
Governs the relationship between the state and the citizen
In the context of you being an employee of the government trying to impose mandatory vaccination (either through collective bargaining or the course of a contract), then that would be unconstitutional and you can invoke the charter.
Private Law
Governs the relationships between private citizens (i.e you and your employer)
In a private context, if you sign a contract agreeing to be vaccinated as part of your employment and you subsequently refuse, then the employer does have a basis to dismiss you.
If you are already employed under a contact in which there are no provisions for vaccinations, and subsequent to this contract the employer tries to impose vaccination, then you can lawfully decline. If you are fired for refusing vaccination in this context then that would constitute wrongful dismissal and you would have grounds to sue your employer.
The Supreme Court has held that even where the charter does not strictly apply, the values of the charter still apply. Further, the Supreme Court has held that common law that is enforced by courts is also subject to constitutional and charter scrutiny.
The same actions that would be considered a constitutional violation by public authorities would be considered an unenforceable part of a private contract. There is a doctrine of unconscionability in common law that if a proviso shocks the conscious then it is unenforceable since "it is taking undue advantage of an inequality in bargaining power." Courts in common law cannot enforce a provision of a contract demanding medical intervention without informed consent since it would violate the charter.
Therefore, mandatory vaccination in all employment contexts would be unconstitutional and/or illegal. If you are fired in a private context, then your only remedy is to sue for wrongful dismissal.
What if I reluctantly take the vaccine just to keep my job? What if the vaccine harms me?
You could sue your employer though you might not succeed since you agreed.
What you can do is to mitigate your damage by getting your employer to acknowledge that "you are agreeing to take the vaccine even though you do not wish to take it, and if there are any side effects or damages that the employer acknowledges that they will be strictly liable to compensate you for any physical or neurological damage from the vaccine."