Greetings wonderful subscribers! On Monday, 9/20, I tested positive for COVID-19. I had most of the major symptoms (including loss of taste and smell). By that Thursday, I had tested negative (with the PCR 24-hour test), but until late last week I coughed constantly, and basically had to take a nap every time I did anything more strenuous than brush my teeth. Today is my first “real” work day and I hope to have more job postings and the medical exemption info up for you this week. I am thankful to have gotten better, when so many haven’t, for one reason or another.

Oh, and somehow, we’re at nearly 650 subscribers! Has anyone found an employee , or gotten a job through this newsletter yet? If so, I’d love to hear from you!

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Good morning everyone! I apologize for the delayed update. Had a medical emergency (non-Covid) in my extended family that took me out of town. And my researcher has been out of the office as well. BUT I have some good news:

First, the medical exemption info will be coming out in the very next newsletter. The two chief protections of employees at their current jobs are the religious and medical exemptions. I have already posted the religious exemption information on the dashboard of this site. The medical exemption information is now coming VERY soon!

Second, I have our first “homegrown” (as in, shared from readers subscribed to this list) Jab Free Job Postings for you! I don’t know these companies personally (and I’m not getting paid to share the listings with you), so do your own due diligence. I’m just saying, the postings came from people on this list, and I’m pretty jazzed up about that! So there you go.

1. AZ - Healthcare: Canyon Surgery Center in Phoenix, Arizona is hiring nurses and Operating Room Technicians. I’m not sure if this direct link will work, but according to their careers page it looks like they have 11 positions open in Phoenix.

2. NY - Janitorial: yes, even in “jab central” New York, a company like “ServiceMaster by Pagano” (cleaning and janitorial) is “always looking for good dependable help.” 38 Chapel St., Mt. Morris, NY 14510 (585) 658-4704 Contact: Frank Pagano.

3. Nationwide/WFH (I think) - Business Sales: The Deal Firm has posted an opportunity for independent contractors to work on facilitating sales of businesses. They even sent me a PDF of the position, which is now posted here in my Google Drive folder called “Job Postings.” Contact: David Buboltz, 919-299-9880 ext 1, david.buboltz@thedealfirm.com.

Now for the bad news: federal employees will now all face the vaccine. And apparently, according to the same story, all federal contractors. That’s a huge number. Previously, employees could continue working with regular testing. That is ending. And boosters appear to be coming as well though the story points out that the White House is not wanting to drop all of this on us at once. Our nationally-recognized freedoms used to emphasize a high degree of personal medical autonomy - nurses are even examined on patient's rights in their exams. ). We’re seeing that autonomy eroded at an alarming rate. So learn your rights and exemptions. Make informed choices. Don’t let anybody shame you into doing something (or not doing something). And please share this site with anyone you know that may need what we’re sharing with you.

If you have a successful hiring story from your participation on this newsletter, would you consider sharing it with us? Email us at info@jabfreejobs.com.

Got Jab Free Jobs available for our readers? Email the job positions (preferably with your company’s online links to make sharing them easier) to jobs@jabfreejobs.com.

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Good morning, I’m sorry this update is a few hours late. We’ve gotten a LOT more names added to our healthcare list. 121 names have been curated and, of those, 28 large hospitals and hospital systems do NOT require COVID vaccines for all of their workers. The new list is posted with a few changes in format: 1. you can now download the PDF or the excel spreadsheet itself. 2. there are now links to the supporting documentation (if available) if that information came from the web rather than a phone call from a Jab Free Jobs team member. If you catch an error, please let us know so we can keep this information updated timely!

We’re moving to the Fortune 500 list (just for now, to begin expanding our scope), but the imminent plight of so many healthcare workers facing termination is what grabbed at our heartstrings, and we are committed to including as many hiring places as possible. So PLEASE, if you hear of places (healthcare and otherwise) that are hiring non-vaccinated workers that are not yet on our list, send a link our way:

jobs@jabfreejobs.com

And if you GET hired as a result of finding a job from our list, would you share that with us as well? We’d love to celebrate members of this community finding places to work that respect the freedom of individual liberty; a freedom that we will lose in this country unless we celebrate and protect it. Don’t forget to share this site or this post with like-minded friends!

Without further ado: The List

Excel Version of Healthcare Jab Free Jobs

PDF Version of Healthcare Jab Free Jobs

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Wow, this is escalating quickly.
Delta Airlines is saying that each hospital stay for Covid costs $40,000 so their answer is to start charging the unjabbed $200 per month. United Airlines is going straight to terminations in September. Story here. However, these airlines still have to obey federal law related to the religious and medical exemptions! Know your rights and spread the word!

The next round of jab free employers will be posted on Monday, August 30, 2021. Watch your email for the update details.

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Good Monday afternoon! As you likely saw, the FDA gave full approval today to the Pfizer COVID-19 vaccine. That is likely to trigger a fresh round of vaccine mandates.

HOWEVER, I am thrilled to report that our first batch of jab free jobs - focused on healthcare workers - is now available to you. This information is current as of this week from our own research. Additionally, Becker’s Hospital Review has published a list of hospitals nationwide that ARE requiring COVID vaccinations. That list appears to get regular updates at least so far. Becker’s also has a much shorter article identifying just a few hospitals that have not required the mandate. Our list is longer and we’ll keep calling. So far we have identified 26 hospitals or hospital systems that either do not require the vaccine at all or for only some jobs. As you’ll see in the notes, that number could change with the FDA approval that happened this morning.

Before I share the link, this is my “sales pitch” to have you (and 2,000-3,000 of your closest friends!) actually “subscribe” to this newsletter. (I even put a handy button at the top of the article.) At some point I have to be able to tell potential employers that this group is worth putting their job list in front of directly. To do that, we need numbers.

If you see an employer that you know belongs on the “jab free” list (or if our list is incorrect in any way), please email me at jobs@jabfreejobs.com

If this newsletter has helped you find a job, please share your story with me at info@jabfreejobs.com

Okay, that was the whole “sales pitch.” Without further ado here’s the PDF of what we have as of today, August 23, 2021.

Download PDF

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This story in the WSJ tells me why a frontal attack on the vaccine requirements by employers hasn’t worked in courts. With looming FDA approval comes the notion that all “vaccine safety” objections have been laid to rest. That’s why understanding your rights to seek a religious or medical exemption (or a jab free job!) is so important. By the way, there was a significant subtext to the WSJ article. Did you catch it? 40% of all eligible people remain unvaccinated! That’s a HUGE figure! Are we really going to see 40% of the working population told they can no longer work because they haven’t gotten a potentially-body-system-impacting mRNA vaccine when the ink is barely dry on the emergency approval yet? Again, if you want the vaccine, by all means get it. No shaming here. But don’t harm the rest of us for waiting a little longer to see what happens. My dad used to say “never buy a TV on the sidewalk from a man out of breath.” The FDA approved DDT in 1945 and is FINALLY revisiting the dangers of asbestos in baby powder. They’re not omniscient.

This group has doubled in size in about 48 hours. Keep sharing this site and the info that you find helpful with like-minded friends (40% is a big chunk of the country!!!) and let’s get people back to work. Email me at info@jabfreejobs.com with your own stories and comments! If you know of a jab free employer, email me at jobs@jabfreejobs.com.

As promised, this post contains links to the first set of materials to assist in requesting and obtaining religious exemptions from the COVID vaccine. I obtained these courtesy of my friends at the Alliance Defending Freedom. I’m sharing them with you through Google Drive via a web link - if this doesn’t work for any of you, please email me at info@jabfreejobs.com. Please, please, don’t just forward the materials around - I need subscribers to get companies interested in posting their positions here for those of you that need jobs! Encourage your friends to subscribe instead by sharing this page by email or, if you must, through social media.

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Finally, to notify me of hiring employers NOT requiring a COVID vaccine, email me at jobs@jabfreejobs.com.

And for any other information you would like to share, email me at info@jabfreejobs.com.

To make these materials more useful, I’m also giving you a little overview of the legal process (again, this is generalized information, I’m not your lawyer, yada yada) to know how this will work in real life. This exemption concept is governed by Title VII (the Civil Rights Act of 1964) when it involves a private employer, and some local government hospitals.

1. You have to ask. An employee has to notify their employer of a “bona fide” (good faith) religious belief that conflicts with an employment duty. Yes, at least for now, employers can characterize getting the COVID-19 vaccine as a “duty.” The materials I’m providing will help you with “how” to ask (and why remaining unvaccinated is probably already in line with what you believe). Ask respectfully, and clearly, preferably in writing (email is fine) so there is never a question as to what you asked and when you asked for it. The key phrase is “religious accommodation.”

2. The penalty for otherwise not complying must be clear. Some court cases have suggested that the threat of merely being “disciplined” is not enough - it has to cost your job. The employer will probably make this clear, but if a vague “preference” for vaccination is announced, seek clarity as to what happens if you decline.

3. The employer must respond. If you can show that you’ve requested the accommodation because of a good faith religious belief and that you’ll be fired if you don’t comply with the “duty” to get the COVID vaccine, then the employer has to show an “undue hardship.” Not to get too technical, but right now the law (which could improve with a really good case - I’m working on it!) is that “undue hardship” equals “more than a minimal cost.” Now, that concept can include “safety risks.” But they have to be “actual” safety risks, not hypothetical risks. There are other possibilities, but I can almost guarantee your employer will be beating the “safety” drum. This “minimal” standard for employers to show has been the subject of several recent dissents at the Supreme Court and the right case could make the standard much more employee friendly.

4. The employer has to at least consider an accommodation. A possible accommodation might include job transfer or the ability to apply for another position within the company. These have been considered reasonable accommodations by courts. Important: there is not an absolute right to keep the job position you currently have based on the accommodation request. But an employer who refuses to consider ANY possibility of accommodation is at risk for losing a Title VII lawsuit.

5. The next step is to go to the EEOC or State Agency. As I outline in my EEOC book for employees, the necessary first step for a “failure to accommodate” case is going to the EEOC or its state equivalent. Because the federal policy (the EEOC is federal) is SO strongly favoring vaccines right now, I am actually recommending clients go to the corresponding state agency first IF that state is slightly more protective of rights and less hyper-vaccine. Go to this spot on the EEOC Site and enter your zip code, then click “State and Local Agencies” link to find the State Agency (aka FEPA) in your area.

6. Now for the links! I have also include links to these materials on the jabfreejobs.com main page on the right hand side.

   Sample Religious Accommodation Request

   Sample Spiritual Leader Support Letter

   Theology Overview (8 pages)

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Greetings subscribers! I wanted to share briefly what you’ve “joined” and what my intentions are. I felt a strong sense of urgency last week that JabFreeJobs HAD to be launched immediately. I’ve done no advertising, no social media campaign, and only a handful of posts on social media mentioning what this even is and *boom* 50 of you showed up overnight. I have an associate putting some final tweaks on the religious exemption information that will (hopefully) help many of you keep your jobs. You will all get access to that. I have someone working up the medical exemption information for the same purpose. You will all get access to that. I have someone else contacting major employers (we’re starting with healthcare at the moment) and we will be posting that as well. To get companies interested in directly posting jobs with us that you can apply for, we simply need to be a “bigger” audience. So right now, we just need as many subscribers as possible to build momentum and catch the attention of companies who are hiring without requiring COVID vaccines. That’s why I have the share and subscribe buttons at the top.

Now the format: This “email newsletter” format through Substack was chosen intentionally - I think we’re all tired of being reamed on social media for thoughtful discussion and responses on the vaccine questions. Plus, nobody flags your content and shames you merely for receiving email. If you have updates that you want to share with us, email me back at info@jabfreejobs.com. If you know of employers hiring without requiring vaccines in your area, email jobs@jabfreejobs.com. I want this to be a safe haven for all of you and a chance to discover that not every employer or employee out there is ready to drink the vaccine Koolaid. Thanks for joining this community and watch your inbox for the updated exemption information I’ll be getting finalized ASAP.

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August 17, 2021. Good morning! Employees of the state, counties, and local city governments in Arizona may not be discriminated against based on their choice to remain unvaccinated. Governor Ducey issued an executive order strengthening those protections today.

Link to Executive Order.

Everything that follows is word-for-word from the EEOC site - note particularly the “Modification” section:

Federal laws protect you against employment discrimination. This Fact Sheet explains how these laws provide rights that can help protect you at work during the COVID-19 pandemic. They are especially important if you are being harassed, if you are “high-risk” and need extra protection from getting sick, if your employer is not allowing you to work, or if you need a modification of your employer’s COVID-19 safety requirements. These laws protect you from retaliation for asserting your (or your coworkers’) rights to be free from discrimination.

I Am Being Harassed

The COVID-19 pandemic has resulted in an increase in some types of harassment. Antidiscrimination laws protect you from being harassed at work because of your national origin; race; color; religion; older age (age 40 and older); sex (including pregnancy, sexual orientation, and gender identity); genetic information; or disability. For example, being harassed at work because you are Asian American can violate the law. If you tell your employer that someone is harassing you at work for any of these reasons, your employer needs to find out if the harassment is occurring and, if so, take steps to stop it.

I Am High Risk and I Need Extra Protection From Getting Sick

If you have a medical condition that makes you “high risk,” or a mental health condition that makes it difficult to come to work, you may be able to work from home as a “reasonable accommodation.” However, to be eligible you must be able to do your regular job from home and your medical condition must be a “disability” under the Americans with Disabilities Act. Many medical conditions can be ADA “disabilities” even if they are not permanent or severe. You might also be able to work from home if you are pregnant, if your employer is letting other people work from home.

If you need an accommodation, you should ask your employer for one. If you can’t do your job from home, you might be able to get a different accommodation, such as protective equipment or scheduling changes.

I Am Not Being Allowed to Work

An employer can’t stop you from working altogether, even during the pandemic, just because you are older, pregnant, have a disability, or you take care of someone with a disability. Your employer can make you stay home if you have COVID-19 and are currently infectious. Your employer can also make you stay home if you have a disability that makes you vulnerable, but only if coming to work would create a significant risk of substantial harm to your health that can’t be reduced through reasonable accommodation. And, even if you can’t come to work because of a disability, you might be able to work from home as a reasonable accommodation. Again, you should talk with your employer if you need a reasonable accommodation.  You and your employer may find it helpful to consult the Job Accommodation Network for types of accommodations, at https://askjan.org/

I Need a Modification of My Employer’s COVID-19 Safety Requirements

If you need a modification to your employer’s safety requirements or equipment because of a medical condition or a religious belief, practice, or observance, you might be able to get a reasonable accommodation. For example, you might be able to get a different mask as a reasonable accommodation. Or, if you did not take a COVID-19 vaccine because of your disability or religious belief, practice, or observance, you might be able to get an exception to your employer’s vaccination requirement, and instead ask to use masks, social distancing, schedule changes, or reassignment to stay safe at work.

Find Out More

For more information about your rights, visit the Equal Employment Opportunity Commission (EEOC) website at www.eeoc.gov, or call 1-800-669-4000 (voice), 1-800-669-6820 (TTY), or 1-844-234-5122 (ASL Video Phone). 

EEOC BOOK

,

Chapter 1. Self-Diagnosis—Before You Go To The EEOC

What’s Your Employment Status?

Are you A) still working or B) have you quit or C) been fired? Based on your answer, feel free to jump directly to the appropriate section below to jump-start your reading. 

A) I’m Still Working

Great! You’re more fortunate than many employees who have faced illegal actions in the work place. If it is getting really hard though, I imagine you’re about ready to quit. 

DON’T 

QUIT

YOUR 

JOB! 

I cannot stress this enough. Unless your current situation is severely health-threatening, physically or mentally dangerous, or requires you to commit criminal acts, do not quit! Quitting will significantly harm your ability to recover lost wages (also called “back pay”) at the end of the EEOC process. It could make your case less attractive to attorneys as well. 

If you’re still employed (and I hope you are), I want you to change your thinking and imagine yourself as your own “undercover spy.” You are no longer John (or Jane) Smith, Harassed Employee—you are now Secret Agent Smith, quietly gathering evidence and taking action that will help your case at the EEOC or in a possible lawsuit. Every illegal thing that happens to you is simply one more thing to document for your case later. Staying employed can be one of the best things for your case later on. We’ll talk about how and why in a bit. 

B) I Already Quit My Job

This is difficult to say and probably difficult to hear, but if you’ve already quit, it may be harder for the EEOC or an attorney to help you. Look, I know it must have been awful for you to reach the point where you had to quit. I get it; I hear heart-breaking stories all the time, about situations that I wouldn’t wish upon anyone! However, once you quit your job, even if your employer clearly violated the law, you likely won’t have the remedy of lost wages. because you ended your own employment! You made yourself “lose” those wages, so you can’t get them back later. 

Now, if your situation was bad enough and the illegality is very clear to the EEOC, you may still be able to recover compensatory damages (out of pocket expenses or emotional distress) or in some cases punitive damages. But not lost wages, unfortunately. 

There is one exception to the “Don’t Quit” rule: it’s called “constructive discharge.” According to the EEOC, a discriminatory “constructive discharge” occurs when the employer discriminatorily creates working conditions that are so difficult, unpleasant, or intolerable that a reasonable person in the employee’s position would feel compelled to resign. In other words, you are essentially forced to resign under circumstances where the resignation is practically the same thing as the employer firing you. 

Now, that sounds like you can just quit when it gets bad and then tell the EEOC it was “constructive discharge,” right? Not so fast! It’s not enough for YOU to feel that way—you will have to convince the EEOC (and maybe a judge and jury later) that ANYONE in your situation would have felt that way. That’s a tough sell, so don’t assume that constructive discharge applies to your situation. Talk to an attorney BEFORE you quit. Furthermore, there may be specific rules that apply to constructive discharge in your state for any state law claims. 

C) I’ve been Fired

Most people that call me in Arizona (where I practice employment law) are already in this last category. Take heart: you are the main audience for whom I wrote this book! If you’ve been fired, I know you have a lot on your mind. But you also have the opportunity to chart your own course for the future. And if you were fired illegally, you can do something about it. It’s time to get started.

Common Misconceptions

Before going any further, I also want to address a few common misconceptions that people often make when they are analyzing their employment situation. 

1. “I Was Harassed/In A ‘Hostile Work Environment.’”
   A LOT of people use these “buzz words” when they talk to me. But there is no such thing as a claim for general “hostile work environment” or general “harassment.” Put another way, it is not illegal for your boss to be a “big jerk.” I don’t care if he or she yells and screams at you all day, that’s not enough to take to the EEOC. To make your case at the EEOC, the boss has to be a jerk because of some characteristic about you in particular: your race, your religion, your national origin, your disability, etc. (we’ll cover these in more detail later). If your situation is only a personality conflict, your case will never get off the ground legally—no matter how bad the conflict. 

2. “Reporting The Problem To My Manager/Human Resources Won’t Help Me.” This is a big mistake to make. When I ask people if they complained to a manager or to HR about their mistreatment, they often say “no, because that wouldn’t have done any good.” While that may be actually true, it is VERY important that you make a report anyway, every time something illegal happens. This is especially true if it is a co-worker and not a supervisor who is the problem. Then, if your company fires you or otherwise harms you for reporting harassment or discrimination, you can still win your case later - even if you can’t prove actual harassment or discrimination! This type of claim is called “retaliation,” but it only works if you actually reported the problem somewhere meaningful. Complaining to your work buddy isn’t enough. Speaking of reports…. 

3. “A Verbal Report Is Just As Good, Right?” No, it is not. To the EEOC and the courts, it is MUCH BETTER if you have written proof of your harassing or discriminatory experience, AND written proof of reporting it to a manager or HR. An email, or sometimes even a text message, will do as long as it is clear. If you only have the information verbally, this will stay a “he said/she said” case and be very difficult to prove. If you can legally record the situation or the conversation with HR by using a smartphone or some other device (first, check your state’s laws on secret recording), then you will have more good proof of what happened. And when you make a report, don’t fill it with legal-ish words that you borrowed from the internet.  Be specific: “I think so-and-so is mistreating me, and I think it’s because of my age. Here’s why I think that….” You have to put them “on notice” of the specific reason (or reasons) you believe you are being harassed or discriminated against, or you will not be able to make a retaliation claim later.

4. “They Can’t Fire Me Just Because I Was Making Too Much Money.” Sadly, yes, they can. If you’ve been there a while, and you are at the top of the pay scale, they can cut your pay or replace you with a lower-paid worker without it being illegal. (JWC Note: you may have different rights if you’re in a union). Now, if you’re over 40, you might have an age discrimination claim (especially if they didn’t offer you a pay cut first), but the case won’t work if they only (or primarily) fired you because of your pay. 

5. “My Company Violated My Free Speech/Privacy Rights.” Unless you work for the government, private companies are not required to honor the First Amendment and give you free speech rights. They also have the full right to monitor your work, including the ability to read your work email. If you’re at work, you don’t have general “privacy” rights—except in a few special categories of information such as medical information. 

6. “My Case Is Worth Millions!” Everyone has seen articles or blogs or news stories (or has “heard”) of jury awards being millions of dollars. Sorry, but it’s highly unlikely in any employment case. The federal laws administered by the EEOC put limits on what you can recover as compensatory or punitive damages. The limits are calculated based on the total number of employees that worked for the company. The maximum recovery for compensatory/punitive damages against a large company is $300,000. Even if a jury awarded more than that, the judge would actually have to reduce the amount to the proper limit according to the law. More on remedies and how they work later. 

7. “I Should Have Gotten A Severance Package.” Again, in any state with “at will” employment (meaning you can quit or they can fire you without penalty), you are not entitled to a severance package. Does it seem right that they can just cut you loose after you gave them your entire 20s and 30s (and beyond)? No. Can they legally do that without a severance package? Generally speaking, yes, they can.

The key takeaway here is that, without more data, a lawsuit that simply says “I don’t want the vaccine” against a private employer is probably going nowhere. This case did not even get to the discovery phase - the court threw it out based on the filing document! The legal standard to be applied there is supposed to be “believe everything in the complaint” and then apply the law. There will be appeals no doubt, but this is why understanding the key exemptions available to employees (religious and medical) is so important.

Soldiers don’t have the same set of rights as employees of private companies. That said, we are still on the cusp of growing trend that sees new companies every day bowing to unseen pressure to require employees to obtain the relatively-new COVID vaccines in order to continue their employment. This site will assist vaccine-concerned employees in knowing their rights, protecting their rights, asking intelligent questions, and (ultimately) connect with employers who are willing to hire employees without forcing them to get a COVID vaccine.

Welcome to Jab Free Jobs! This is a safe place for all of you who have chosen thus far to not get a COVID-19 vaccine to gain more information about your rights in the workplace (including medical and religious accommodation rights), and (eventually - we’re working as fast as we can) identify employers and jobs for you that do not require the mRNA vaccines as a condition of employment.

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In the meantime, tell your friends!