Supreme Court of NY: NYC must re-hire, back-pay employees terminated over vax mandate

GEAR CHECK: Our readers don't just follow the news - they stay ready. Featured gear from this story is below.

Jamie Goldstein

The supreme court of New York State has ordered that New York City must rehire all government employees who were terminated after refusing to vaccinate against Covid. The decision also requires the city to compensate all rehired employees with back pay for the time they lost.

In October of 2021, New York City’s health commissioner, David Chokshi issued an order requiring all city employees to get vaccinated against the new virus. Chokshi then followed up that order by also requiring employees in the private sector to be vaccinated as well. The only exception made by Mayor Eric Adams was for athletes, musicians, and other performers.

The supreme court determined that Chokshi’s violated the constitution on New York State and added that both Chokshi’s and Adams’s orders were “arbitrary and capricious.”

<blockquote class="twitter-tweet"><p lang="en" dir="ltr">🚨BREAKING: New York Supreme Court reinstates all employees fired for being unvaccinated, orders backpay <a href="https://t.co/eSUh7VMJRM">pic.twitter.com/eSUh7VMJRM</a></p>&mdash; Benny Johnson (@bennyjohnson) <a href="https://twitter.com/bennyjohnson/status/1584945057169166343?ref_src=twsrc%5Etfw">October 25, 2022</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

The opinion reads in part, “The Health Commissioner cannot create a new condition of employment for city employees… cannot prohibit an employee from reporting to work… [and] cannot terminate employees. The Mayor cannot exempt certain employees from these orders.”

Judge Ralph J. Porzio, who authored the opinion, noted that Covid-19 vaccinations do not prevent transmission of the disease. He also added that his decision was not “a commentary on the efficacy of vaccination.”

Porzio said, “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.”

According to a spokesman for the city’s law department, New York City has filed an appeal. They issued a statement that said:

“The city strongly disagrees with this ruling as the mandate is firmly grounded in law and is critical to New Yorkers’ public health. We have already filed an appeal. In the meantime, the mandate remains in place as this ruling pertains solely to the individual petitioners in this case. We continue to review the court’s decision, which conflicts with numerous other rulings already upholding the mandate.”

You may also like

Blog

A man allegedly smashed a historic Marine Corps monument with a sledgehammer, knocking the head off one of the depicted Marines. Police estimate the damage could cost hundreds of thousands of dollars to repair, and investigators have not disclosed a motive.
A weapon that makes people feel as if their skin is burning could soon be tested for border enforcement. The Pentagon has approved a seven-month evaluation, raising questions about how far military technology should go in civilian operations.
Veterans seeking medical care in Orlando now have another place to turn when groceries become difficult to afford. The new pantry offers free food, as changes to federal assistance rules raise fresh concerns about support for vulnerable veterans.
A ballistic missile attack struck a military training camp as young recruits stood in formation, killing at least 73 and injuring more than 200, according to Yemeni officials. The attack has become one of the deadliest blows in the country’s renewed civil war.
A grass fire turned deadly during a live-fire exercise at a Canadian military base, killing four soldiers and sending 39 people to hospitals. Officials say sudden winds drove the flames forward so quickly that troops had less than a minute to react.

Like This Story? Check Out What Our Community Is Buying

Our best sellers are designed for real-world use - not hype.

View Best Sellers