There has been a lot of back and forth in South Dakota about all of our FREEDOM and LIBERTY that our Box of Rocks Governor has been spouting about, and how she doesn’t support mandates. Unfortunately, Noem has no authority when it comes to private employer mandates. The state legislature would have to change state law in order to prohibit private employer mandates;
Employment relationships in South Dakota may be ‘terminated at will,’ which means an employer does not need a specific reason to fire an employee. This is the same concept as an employee not needing a specific reason to quit a job. Generally, the only exceptions to this rule are when: A contract for employment exists.
Of course, you do have the option to quit if you don’t want to get vaccinated, but you can’t prevent your employer from mandating it and neither can the governor. When authoritarians talk about all the FREEDOM we have here, they are referring to the ruling class, NOT us.
My suggestion is to just go get a shot or a doctor’s note if you are too high risk to get one and you don’t have to worry about your employer mandating it.
A person be able to stand on his ‘inalienable rights’ as protected by the constitution, we have the 9th Amendment for a reason, and in South Dakota we have Article 6, Section 1 the most important of all, as it states, NO ONE can force anyone to do anything beyond their voluntary free will, and then as for work, we got Article 6, Section 2 – which basically says you can SIGN a contract as you wish, reserving to yourself a list of specific rights that you shall enforce within the obstruct of the contract itself freely without the fear of a union, labor union, organization, association telling you otherwise.
A6, S1 –> “Inherent rights. All men are born equally free and independent, and have certain inherent rights, among which are those of enjoying and defending life and liberty, of acquiring and protecting property and the pursuit of happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.”
A6, S2 –> “Due process–Right to work. No person shall be deprived of life, liberty or property without due process of law. The right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union, or labor organization.”
RESERVE YOUR RIGHTS in all Labor Contracts and You will be much better off, and if you say it does not work, I am here to say yes it does, as with every contract I have ever signed, I have stipulated to my employer my “reservation of rights” and I have gotten them to accept those rights as part of the basic construct of the contract. And I never once needed a UNION to do it for me.
And, most importantly, there will be coming to the legislature this fall, a proposed law that will codify that a PERSON may “reserve their right” not to be vaccinated.
If you’ve had the China Flu, as my whole family has, and easily gotten over it, your body is already fighting Wuhan, no need to get a shot. I dare you to find one person that recovered from Kungflu, then got covid a second time-and it killed them- it hasn’t happened. Humans have had viruses since God created us Scottie, and they always work the same way, as the spread, they get weaker and eventually have little effect on humans. Now, I will say this one is different due to Fauci and the Chicoms making this one in a lab, then unleashing it, but the end result will be that everyone will eventually have a variant of the Wuhan, a shot doesn’t stop the spread it just makes you less sick….and I don’t know how much “less sick†I could have possibly been! On the upside, due to you crazy libtards, I got 14 days off with pay! I went pheasant hunting, lots of ice fishing, just an all around great time!
Zitter-ish – that is some damnable selfish arrogant attitude right there. Humans are social creatures – we live in an interdependent cultural reality. No man is an island.
RUFUSX – that is really a bad form of discussion, attacking or insulting someone’s comments like that. I find it ridiculous how you attack the beliefs and rights of those who stand on their defense of their rights on vaccines, but you also at the same time defend a persons right to be allowed to smoke Marijuana. Interesting, you feel you can have it both ways. You have not seen me attack anyone for their thoughts regarding Marijuana, but you tend to feel you can attack a persons ‘freedom and liberty” to reserve their right to manage their heathcare/medical care in their own way.
Let’s keep in mind that S.D Constitution Article 6, Sections 1 and 2 give an individual the freedom and liberty to make their own choices in life, let alone to reserve their rights as they proceed to contract their labor to other individuals, companies, organizations.
Be a little more respectful, bud.
You are correct Mike, but it still doesn’t change the fact that an employer can fire you for NOT getting a shot.
Thank You Scott, you are correct, there is No Guarantees In Life, whether that be the case of reserving your rights, or earning an income. The fact of the matter here that we all need to accept, is that the fact that ALL PEOPLE have the right to do what they feel is best for their stated position, job, or their business for that matter.
Article 6 Section 2 can be perceived as going both ways, yes, it allows the Employer the protection to reserve to themselves the right to manage their business as they see fit; but it also provides the Employee the same protection in reserving to him/herself the ability to Reserve Their Rights as well.
Now, it comes down to “management” of the business at hand, and the definition of business I am referring to here is as such:
ROLE OR FUNCTION – how the human mind went about its business of learning; personal concern, or a serious activity requiring time and effort and usually the avoidance of distractions.
When looked at the issue from this perspective, both sides now agree to the terms set forth in their contract, based on the reservation of rights that each other have obligated them self to.
What is good for you, may not be what is good for the person you are contracted to, at what point does your inaction, harm the over all function of the company.
At some point, the two persons have the right to go separate ways whereas their role or function no longer best represents the direction of the over all business.
mike z–the greatest legal mind to never go to law school.
Thank You Scott. I take great pride in learning the law, and it is nice to get that recognition.
So let me get this straight….Every other day you piss and moan about SD being a right to work state…..AND NOW you’re pointing out how glorious it is that we are a right to work state!
Liberals are simply too stupid to be embarrassed.
You obviously missed my point, it is about the hypocrisy of Noem claiming she won’t enforce a mandate, but she doesn’t have the power to do so. And when asked if she will help the legislature stop business mandates she flips again and says she won’t tell businesses what to do. So which is it Kristi. She knows who butters her bread, big business, and she won’t cross the line and piss them off.
IF Draft 55 becomes a law, it is NOT a ‘mandate’ on the business community, it actually is in line with the Article 6, Section 2 which enforces YOUR RIGHT to enter into a contract of your choice, allowing you to reserve your rights, it basically changes all employment contracts with one swoop of a pen. It would NOT be enforced by the Government, it would be enforced as “Citizens” elect to reserve their right to not take a vaccine. At that point, the business cannot fire you for choosing to ‘reserve your right’, and the ‘government’ would now be forced to protect that right IF any such matter ended up in a public court room. Essentially, once Draft 55 becomes law, it is a defacto “NOTICE” to employers that their “employees” are reserving their right to NOT be forced to take a vaccine, hence “reserving their rights”.
It is essentually the same thing I have been telling people to do today, go to your Boss, tell them you want to ‘amend’ your employee contract to reserve your right to manage your healthcare, medical activity as you wish, not as the employer wishes, and I cannot be fired, laid off, or temporary suspended based on that decision.
As a businessman myself, I 100% support Draft 55 – mainly cause I respect the people who actually help me. And I 100% agree that anyone has the right to ‘amend’ a contract at anytime they wish.
No your missing the point of our free society. We believe the government does not have the authority mandate vaccines and therefore the government does not have the authority to mandate business not establish a vaccine mandate.
It’s obviously to complex for you sir.
So you are saying Kristi can have it both ways. That is laughable. Either you are against mandates, or your against mandates. Kristi is showing her true colors, she is all about freedom and liberty when it comes to the ruling class while the rest of us have to navigate thru her authoritarianism. Her statement on the subject is so ridiculous it just proves she possibly has the lowest IQ of any elected official in the state, and that is saying a lot.