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New York City Waitress Fired for Refusing to Get COVID-19 Vaccine

waitress carrying a tray of food

Bonnie Jacobson, a waitress at a restaurant in New York City’s Brooklyn district was fired from her job after she told her supervisor that she was planning to get pregnant and did not want to get the experimental COVID-19 vaccine at the present time.1 COVID-19 vaccines are being distributed in the U.S. under an Emergency Use Authorization (EUA) and, since they are not yet officially licensed as safe and effective by the U.S. Food and Drug Administration (FDA), they are still experimental.2 3

On Feb. 12, 2021, the management of the Red Hook Tavern sent an e-mail to staff stating that COVID-19 vaccination would be a requirement for employment at the restaurant. The message stated:

Please be advised that we will require that all employees receive the vaccination. This will be mandatory for all existing employees and any new hires. The exception to this policy will be if your own personal health or disability prohibits you from obtaining this vaccination. We encourage you to consult your health care professional to determine if getting a vaccine is right for you.4

Jacobson replied to the e-mail explaining that she would like to wait until more data was available on the COVID-19 vaccine’s effect on fertility.5 The management responded to her saying, “At this time your employment will be terminated. We are sad to see you go. If you do change your mind, please do not hesitate to let us know.”6

Waitress Had Concerns About Unknown Effects of Vaccine on Fertility

Jacobson was unexpectedly terminated from her job at Red Hook Tavern after she expressed concerns about the COVID-19 vaccine unknown effects on fertility.7 She said that, prior to the COVID-19 pandemic, she and her husband were trying to conceive a child but their plans had been temporarily halted in April 2020 after she lost her previous job due to pandemic social distancing restrictions for restaurants.8

In August 2020, Jacobson secured a job at the Red Hook Tavern, after which she began planning to have a child.9 Jacobson said, “I do support the vaccine. I’m not, as they say, an anti-vaxxer.” But she noted she believes there is still lack of research and data about how the vaccine affects fertility and pregnancy.10

New York City’s Restaurant Industry Trying to Recover from Pandemic Restrictions

The owner of the Red Hook Tavern did not comment on the case, although the restaurant’s policy has been revised to make it clear to employees on how to obtain exemptions.11

New York City’s restaurant industry is struggling to recover from the economic toll taken by social distancing restrictions placed on restaurants since the declaration of a COVID-19 pandemic in March 2020. In the state of New York, restaurant employees became eligible to receive experimental COVID-19 vaccines after health care workers had been vaccinated. Many restaurant owners believe that requiring their employees to get vaccinated will both protect their health but is also necessary to make customers comfortable enough to want to eat in restaurants again.12

Rogge Dunn, a labor and employment attorney in Dallas, Texas said:

They think it gives them a competitive advantage. They could say to their customers, ‘Hey, our restaurant is safe. All of our employees have been vaccinated.13

Some attorneys have noted that the issue of surrounding COVID-19 vaccinations as a requirement for employment will become much more common in the near future. Lorie E. Almon, an employment and labor lawyer at a firm called Seyfarth Shaw LLP said.

Employers are in a difficult position because on one hand, they have some duty to protect their employees and customers, and the virus is a very clear and dangerous disease that often has fatal consequences. On the other hand, workers understandably have concerns about new vaccinations of this sort.14

Almon added, “This is an issue that will come up over and over as the vaccine becomes more widely available.”15

Guidance for Employers About What They Can Do if Employees Refuse Vaccination

The Society for Human Resources Professional (SHRM) based in Alexandria, Virginia stated that many employers are asking if they can require employees to get the COVID-19 vaccine and how to proceed if employees refuse to get it.16 According to the SHRM website, the Equal Employment Opportunity Commission (EEOC) weighed in Dec. 16, 2020 with new guidance stating that employers may encourage or possibly require COVID-19 vaccinations, but policies must comply with the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 (Title VII) and other workplace laws.17

John Lomax, an attorney with Snell & Wilmer in Phoenix, Arizona said, “An employee with a religious objection or a disability may need to be excused from the mandate or otherwise accommodated.”18

FDA: COVID-19 Vaccines Distributed under EUA Must Be Voluntary

The FDA’s website makes it clear that experimental vaccines distributed under an EUA cannot be mandated and recipients must be given the option to accept or refuse the vaccine:

FDA must ensure that recipients of the vaccine under an EUA are informed, to the extent practicable given the applicable circumstances, that FDA has authorized the emergency use of the vaccine, of the known and potential benefits and risks, the extent to which such benefits and risks are unknown, that they have the option to accept or refuse the vaccine, and of any available alternatives to the product.19


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Click here to view References:

1 Burke M. New York City waitress fired after not getting the Covid-19 vaccine. NBC News Feb. 17, 2021.
2 U.S. Food and Drug Administration (FDA). COVID-19 Vaccines. Mar. 3, 2021.
3 FDA. Emergency Use Authorization for Vaccines Explained. Mar. 5, 2021.
4 Ibid.
5 Duffy K. A New York City Waitress Was Fired For Refusing A COVID-19 Vaccine Over Fertility Concerns. Business Insider Feb. 18, 2021.
6 Ibid.
7 Burke M. New York City waitress fired after not getting the Covid-19 vaccine. NBC News Feb. 17, 2021.
8 Ibid.
9 Ibid.
10 Ibid.
11 Haag M. N.Y. Restaurant Fires Waitress Who Wouldn’t Get Covid-19 Vaccine. The New York Times Feb. 17, 2021.
12 Ibid.
13 Sigalos M. Yes, your boss can fire you if you refuse to get a Covid vaccine. CNBC Dec. 7, 2020.
14 Haag M. N.Y. Restaurant Fires Waitress Who Wouldn’t Get Covid-19 Vaccine. The New York Times Feb. 17, 2021.
15 Ibid.
16 Nagele-Piazza L. What Employers Can Do If Workers Refuse a COVID-19 Vaccination. SHRM.
17 Ibid.
18 Ibid.
19 FDA. Emergency Use Authorization for Vaccines Explained. Mar. 5, 2021.

22 Responses

  1. Why is the FDA and the Geneva Convention not enforcing their own guidelines about never mandating an experimental drug? It is currently illegal for any business to mandate someone to be part of a clinical trial. Where are the lawyers?

  2. I’m not understanding how anyone can legally mandate experimental treatment of any kind. I see a class action lawsuit in the works.
    This is not a “deadly disease.”

  3. I support her decision for forgo the gene therapies. This is against the law…mandating experimental drugs which are actually defined by the CDC and FDA as being experimental. This restaurant needs to be closed down for a legitimate reason like this and not for a fake pandemic.

  4. “Please be advised that we will require that all employees receive the vaccination. This will be mandatory for all existing employees and any new hires. The exception to this policy will be if your own personal health or disability prohibits you from obtaining this vaccination. We encourage you to consult your health care professional to determine if getting a vaccine is right for you.”

    This waitress’s employer is breaking the law. No one can force anyone under any circumstances to take any medication, medical procedure or vaccine that is an FDA unapproved EUS. There has already been one court case, recently, in this regard and the employee won. SUE!

    1. Meanwhile go get unemployment and food stamps & WIC right now and look for another job. People love to quote Jacobsen v United States [1905] to say that vaccination can be forced for the “greater good” but they forget he was given the option to pay a $5 fine instead. SCOTUS has ruled that NO vaccines can be assured to be safe.

  5. Almon, the labor lawyer quoted; says, “…… the disease often has fatal consequences.”That is false.
    99% of people that contract this virus are fine with no long term illness.

  6. Seems completely illegal to me; she should get a nice settlement out of this. Totally ridiculous…

  7. Interesting head line if the author or publisher had any Balls it would be New York City Waitress “ILLEGALLY” Fired for Refusing to Get COVID-19 Vaccine but that is always hidden in the 5th paragraph or later. No media outlet dares to go against big pharma propaganda after all who pays them???

  8. Employers! Just wait till you push someone into getting vaccinated then have them drop dead! Big Pharm is protected but NO YOU! And YOU will be the target of so much devastation, you will NEVER recover. Forewarned is forearmed! TAKE HEED!

  9. I found the restaurant website online and emailed them re: their lunacy. Not sure it will change anything but they needed to be called out.

    1. Yes! Agree with the employer, to vaccinate, in exchange for all owners’ signatures on a Notice of Liability letter which holds them PERSONALLY liable for any and all damages to you, your baby, and your family, as a result of the experimental synthetic nanotech gene therapy disguised as a beneficial vaccine!

  10. She needs to sue them for wrongful termination… any and all of the future cases need to do the same. Either resist and fight this or sit back and welcome the totalitarian regime, your choice.

  11. First court case against mandatory vaccination.

    Spiro Skouras interviews Attorney Ana Garner of New Mexico. Garner represents her client Isaac Legaretta, an officer at the Doña Ana County Detention Center and a military veteran, who is suing the county over its new policy for first responders to receive the COVID-19 vaccinations or face termination.

    Available at both BitChute and GooToob… but when will GooToob take it down?

    https://www.activistpost.com/2021/03/its-here-first-court-case-against-mandatory-vaccination-attorney-interview.html

  12. Thank you. I also have to wonder about the “long haulers” that they keep showing us on the news. Nobody asks them about which drugs they took during their illness. A 68 year old friend of mine got it and her doctor immediately put her on CIPRO! I asked her why as virus does not respond to antibiotics and she said it was to “prevent pneumonia ! FDA finally started putting BLACK BOX warnings on Cipro ,Levaquin ,Avelox Factive back in 2006 for tendon rupture, clostridium difficile, peripheral neuropathy. More recently they added aortic aneurism and aortic stricture. Fluoroquinolone drugs have also been in litigation for DELAYED RETINAL DETACHMENT and shown to cause loss of teeth in spectacular fashion. I know two men who survived heart surgery and had their retinas detach because they were given Levaquin [ J&J product now removed from market] in hospital as a prophalactic antibiotic.
    There are new 5th generation FQs coming down the line. FDA guidelines say to only give for severe pneumonia, Plague or Anthtax and not to use on children or those over 65. Since much of side effects can be delayed and are permanent many are not making the connection.

  13. In the crazy nightmare our world has become, she must have been too white and too female to keep her job. doh!

  14. I am literally disgusted with the lack of common sense in our culture and how we are forcing medical treatments on people who do not want them.
    We have become a culture of bullies under the guise of for the greater good.
    Twisted.

  15. Who would want to eat at a restaurant that has an attitude like this?? I agree with Ms Jacobson and her decision to not take the vaccine until PROVEN safe not just a bunch to drug companies saying they are.
    This is the same mentality that brought you statin drugs and hydrogenated vegetable oils.
    How much can you trust them?

  16. Is there a way to sue an employer who forces you to take the experimental shot?
    On what grounds can you sue to make the employer liable for your health?

  17. I also emailed the restaurant and let them know I was disappointed in their decision. The effect of the vaccine on fertility is unknown. There have been dozens of reports of miscarriage after the vaccine as well.

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