Bribing, Incentivizing, and Threatening Termination Over Covid Vaccines: Is It Legal?
The question of the day: is it legal for companies and universities to be bribing, incentivizing, and downright threatening termination if someone doesn’t get the Covid-19 vaccine? Pushing the envelope doesn’t even begin to portray how these bought and paid for agencies are undermining our constitutional rights, skirting the law, and passing the buck to big corp.
First, the Covid vaccines weren’t going to be mandatory. In fact, they are not even approved or licensed by the FDA, and are technically “investigational” with an emergency use authorization (EUA). Not only are they forcing these experimental vaccines on students, employees, and civilians if they want to keep their job or be a part of society, they are bribing and incentivizing you to get one. Step right up for your free vaccine and get a free sugary donut, $100 gift card, paid time off work, tickets to an NBA game, or enter a raffle to win cash prizes, and by the way… if you don’t get one by July 1st, you are fired!
Getting to The Bottom of It
This is the nutshell version of this mixed soup they have created, with the more detailed and critical information documented below. This breaks down who has the authority to do what, and what laws are in place or not in place. This entire report is a must read, plus there are tips on what you can do at the end.
• The federal government cannot mandate these vaccines.
• The court has never ruled on the federal government’s authority to mandate a vaccine. The only law in place is that the federal government has the ability to mandate vaccines to members of the military.
• No state has mandated a Covid vaccine to date, but some are considering legislation that would prohibit employers from mandating vaccination. All states have the ability to prohibit vaccine mandates as a condition of employment. Here is a full list of the status of legislation in each state, as of March 5, 2021. Some of these might surprise you – a lot of states are fighting to prohibit it. Be sure to review the details of the bills and make sure it’s not limited to an EUA vaccine. Contact your legislatures and stay on top of it.
• Whereby states have mandated vaccines in schools in the past, they have not mandated vaccines for adults, with exception of the healthcare industry, nor have any states mandated the Covid-19 vaccination thus far, yet some schools and universities are taking it upon themselves to mandate it.
• Dr. Amanda Cohn, Executive Secretary of the CDC’s Advisory Committee on Immunization Practices who has been with the CDC for 16 years, reminded everyone that “under an EUA, vaccines are not allowed to be mandatory. Therefore, early in the vaccination phase individuals will have to be consented and cannot be mandated to be vaccinated.”
• The EUA was created after September 11, and there has never been a legislative action to make EUAs mandatory. Only licensed vaccines have been made mandatory by legislation.
• Some employers are mandating Covid vaccinations, despite the fact these are not approved or licensed by the FDA, and are EUAs. Therefore, states need to take charge, people need to step up, and lawyers need to get involved.
• Despite all of this, the CDC has created an entire playbook for companies to be “vaccine champions,” instructing them on how to incentivize their employees and do vaccinations right in the workspace where everyone may be able to see who is getting vaccinated and who isn’t, potentially breaking HIPAA privacy laws. They include that an employer should implement stickers, posters, and signs everywhere, along with emails and confidence building to really hammer the message home. They even created a toolkit! Whereas, further down, they do mention providing employees with information on side effects, they do not state the FDA’s requirement (see below) on these EUAs. Instead, they have an entirely separate page that is not linked to the playbook. The CDC states that “The Food and Drug Administration (FDA) does not mandate vaccination. However, whether a state, local government, or employer, for example, may require or mandate COVID-19 vaccination is a matter of state or other applicable law.” (There is no other “applicable law.”)
• The FDA requires that all recipients of the vaccine be given the fact sheets from the manufacturers of the vaccines, and that on promotional material it be referred to as an “investigational vaccine” that has not been approved or licensed by the FDA and is for emergency use authorization. The CDC does not reiterate this as a “requirement” when playing the role of the drug pusher to companies, nor are companies using this language on their promotional material to incentivize their employees. In fact, some employers aren’t sharing any information aside from the bonus an employee would receive if they get vaccinated.
• The FDA could not get an EUA under standard protocol, so HHS stepped in and created a declaration to make it happen. It can only be done if there are no “adequate, approved, or available alternatives” of treatment. There was, and they shot it down to push the vaccines through. However, in October 2020 Veklury (remdesivir) became the first FDA approved treatment, two months prior to the vaccines being distributed, yet they still hold their EUA status.
• According to 21 U.S. Code § 360bbb-3, an individual has “the option to accept or refuse administration of the product, of the consequences, if any, refusing administration of the product, and of the alternatives to the product that are available and of their benefits and risks.” In other words, you can refuse it, but rest assured they left a broad opening for consequences. What kind of “consequences” might they be referring to? It doesn’t say. Does this mean consequences from getting sick, or does it open the doors for getting fired, or not being allowed into society as well?
• The Equal Employment Opportunity Commission (EEOC) decided on December 16, 2020 that companies can mandate their employees be vaccinated, with exception of medical or religious exemptions, but neglect to address the fact that no legislation allows for an EUA vaccine to be mandated. They also make room for potentially firing or allowing an employee to work remotely under the ADA due to the “direct threat” clause. The EEOC makes it clear that any incentives offered to those who get vaccinated, must also be given to those who cannot get vaccinated due to medical or religious exemptions.
• Companies all across the country are being pushed to incentivize and bribe their employees into getting vaccinated. Many have not YET mandated it, but some are threatening termination if employees do not get vaccinated by specific dates they set. They are not using the language described and required by the FDA, and some are not even providing their employees with all of the fact sheets and information they are required to provide.
• This is a perfect cocktail for the Federal Trade Commission (FTC), who spends all of their time on tracking “deceptive” promotional advertising that directly misleads or leaves out information that a person needs to make an educated decision, and one of the biggest areas they focus on, is health. The CDC is leaving out pertinent health information while telling companies to “build confidence and champion vaccines” and “incentivize” pushing the product. And let’s not forget the kickback the CDC Foundation gets from Bill Gates and big pharma, which is a direct conflict of interest. Some employers are bribing their employees with misleading information, suggesting the product is totally “safe,” and not providing critical health information. Most importantly, they are referring to it as a “vaccine” as opposed to an “unapproved and unlicensed investigational vaccine with an emergency use authorization” which is required by the FDA on ALL promotional material. THIS is the single most critical statement of all. The FTC has gone after companies for far less, such as having to change the name of “organic bamboo” to “rayon from bamboo” because it is otherwise misleading, according to the FTC.
It’s easy to see why people are so confused and frustrated, feeling like their rights are being stomped on, laws are being broken, and companies are knowingly or unknowingly complicit in this madness. After all, it’s their goal to confuse you while they carry on with enslaving you.
In short, the federal government cannot mandate the Covid vaccine, the FDA cannot mandate it, the Executive Secretary of the CDC’s Advisory Committee on Immunization Practices states that an EUA vaccine cannot be mandated, state laws take precedence and can prohibit employers from mandating it, there is no legislation allowing for mandating an EUA vaccine, and the only one that seems to be instructing employers that they are allowed to mandate it is the EEOC, which is being echoed by every legacy news outlet. The CDC is guiding employers all the way, while including a short disclaimer that it’s a matter of “state or other applicable law.” What is the “other” applicable law? There isn’t one. They do this to confuse people. And more importantly, does the EEOC rise above the state in these legal matters, when the EEOC “is an independent federal agency responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee?”
According to the EEOC’s site, they do not enforce laws pertaining to a myriad of acts and EOs, including Title II and Title III of the ADA or the Workers Compensation Law, which coincidentally all play a big role in this “mandatory” vaccination debacle. For example, they cannot enforce Title III of the ADA, which prohibits disability discrimination by private entities that provide services to the public, such as restaurants, hotels, movie theaters, stores, doctors’ offices, parks, and schools. It applies to buildings, programs, and services. Instead, they refer you to the Civil Rights Division of the U.S. Department of Justice. So why is the EEOC telling ALL COMPANIES they can require mandatory Covid vaccination and potentially terminate or cause to work remotely, a person with a medical disability, if the workplace situation falls under a “direct threat?”
This is contradictory to what the Principle Deputy Assistant Attorney General for Civil Rights just released on April 2, 2021, which states, “As governments, employers, and businesses lift pandemic-related restrictions and reopen, they must comply with the ADA and Section 504. This includes providing reasonable accommodations and modifications, physical access, and effective communication.” Nowhere in this document do they even suggest employers mandate the vaccine and talk about a “direct threat” situation.
Ultimately, employers that demand vaccination, and/or vaccine id passports, will be the ones who create segregation and disrupt the economy. Surely some of them understand the game being played and the role they are to play, but small and mid-size businesses may not be aware of all the ramifications and the tricky dance they are being manipulated into playing.
What Agencies Are Making What Claims? Law or Fiction?
The US seems to become more and more lawless with each week that passes. Can they legally require you to be vaccinated with an experimental vaccine that isn’t even licensed by the FDA? Is the emergency use authorization still valid since they have stipulated there are other treatments for Covid? Or, are they twisting the laws and making them up as they go? It seems the latter.
Food and Drug Administration (FDA)
The FDA states that the vaccines are “an investigational vaccine not licensed for any indication” and require that all “promotional material relating to the Covid-19 Vaccine clearly and conspicuously … state that this product has not been approved or licensed by the FDA, but has been authorized for emergency use by FDA.”
The FDA has fined big pharma, pharmacies, and medical facilities millions of dollars for mislabeling and promoting false statements when it comes to drugs and/or vaccines. Right now, there are enough lawsuits and fines to dole out to corporations all across the country that are telling people it is a “safe vaccine” and “we will give you paid time off and $100 if you get it!” These are bribery schemes with misleading information.
The FDA states that they can approve an Emergency Use Authorization (EUA) “for medical products to be used in an emergency to diagnose, treat, or prevent serious or life-threatening diseases… when certain criteria are met, including there are no adequate, approved, and available alternatives.” Despite the fact that there was widespread proof that hydroxychloroquine was treating Covid in early stages, the FDA fought it as a potential treatment. However, on October 22, 2020 the FDA approved Veklury (remdesivir) as the first FDA approved treatment for Covid in both adults and pediatric patients. This came nearly two full months prior to EUA vaccines being distributed.
Technically, the FDA didn’t meet the qualifications under section 319 of the Public Health Service Act to issue EUAs for these vaccines in the first place. HHS Secretary Alex Azar added a declaration to support use of the EUAs in order to push it through.
If the FDA requires this, why aren’t companies providing employees with this information? The fact sheets they are referring to are produced by the vaccine manufacturers and list the side effects and other important information. This is REQUIRED by the FDA, yet the CDC is not informing companies to do this.
Here are Pfizer’s fact sheet, Moderna’s fact sheet, Johnson & Johnson’s (Janssen) fact sheet that are supposed to be distributed to every recipient trying to make an informed decision about vaccination.
According to 21 U.S. Code § 360bbb-3, an individual has “the option to accept or refuse administration of the product, of the consequences, if any, refusing administration of the project, and of the alternatives to the product that are available and of their benefits and risks.” In other words, you can refuse it, but rest assured they left a broad opening for consequences. What kind of “consequences” might they be referring to? Does this mean consequences from getting sick, losing a job, entering society? More intentional open doors for confusion.
The FDA has a footnote (pg 24) stating that “the President may under certain circumstances waive the option of the armed forces to accept or refuse administration of an EUA product (10 U.S.C. 1107a).
Centers for Disease Control and Prevention (CDC)
The CDC states that “The Food and Drug Administration (FDA) does not mandate vaccination. However, whether a state, local government, or employer, for example, may require or mandate COVID-19 vaccination is a matter of state or other applicable law.” From what I can tell, there is no other “applicable law” that applies here.
Dr. Amanda Cohn, executive secretary of the CDC’s Advisory Committee on Immunization Practices who has been with the CDC for 16 years, reminded everyone that “under an EUA, vaccines are not allowed to be mandatory. Therefore, early in the vaccination phase individuals will have to be consented and cannot be mandated to be vaccinated.”
Dr. Cohn also makes it clear that the federal government cannot mandate vaccines, and that organizations and hospitals cannot mandate their workers get vaccinated under an EUA.
Meanwhile, the CDC put out a huge playbook for employers to “increase vaccine uptake among essential workers” by “promoting confidence in the decision to get vaccinated,” and provide a strategy for building confidence in vaccines. They go on to bullet point the potential benefits to employer and employees, suggest a workplace vaccination on site, encourage their leaders to be “vaccine champions” by reminding staff it’s important to be vaccinated, suggest paid time off, get employees to enroll in v-safe which will allow them to report any problems after receiving the vaccine (but does it actually get input into VAERS?), and leaves a small section at the bottom explaining exemptions.
Notably, the CDC is also requiring companies to document everyone who accepts or declines vaccination. Apparently, these agencies have all decided it’s ok to ask and document someone on record as to whether or not they opted to get vaccinated, just as long as you don’t ask specific medical questions and break HIPAA laws.
Another important aspect to all of this is the fact that the CDC and health departments are encouraging and working with companies to setup on-site vaccination at the workplace. Therefore, everyone in the workplace may know exactly who is getting vaccinated and who is not. It would seem this in itself breaks HIPAA privacy laws. Furthermore, in order for the employer to obtain the information as to whether or not said employee received the vaccination on-site or off-site, the employee has to sign a HIPAA authorization form that allows the administrator to share that information with the employer.
Apparently the FDA and the CDC are not on board together, because the CDC is totally disregarding the FDA’s requirements for these EUA vaccines. The CDC continues to call these “safe and effective vaccines” rather than “unapproved and unlicensed by the FDA with an emergency use authorization.” Is calling it “safe” a bit early being that it’s still an EUA?
The CDC made a big jump from March 5, 2021 to March 25, 2021. What began as partial guidelines for employers, turned into quite a playbook for getting everyone on board to get vaccinated. Even the intro became a guiding light for employers to put the heat on their employees – so they can feel like superstars.
This is what the CDC lists for side effects:
They do manage to add a little disclaimer at the bottom regarding allergic reactions, which takes you to this page.
I guess the more serious “side effects,” including “death,” are not important to mention? Here is a link to the consolidated VAERS reporting, specific to Covid. Here is a direct link to VAERS.
Equal Employment Opportunity Commission (EEOC)
The EEOC, an independent federal agency that is supposed to enforce discrimination against civil rights, is acting on behalf of the CDC, stakeholders, and businesses in this case. They state that equal employment opportunity laws “do not interfere with or prevent employers from following CDC or other federal, state, and local public health authorities’ guidance and suggestions” (passing the buck), and then go on to create a question and answer section on mandatory vaccines in the workplace. They cover medical and religious exemptions, but make room for a “direct threat” clause. Note, they also mention other rights that may apply under state laws, which is why it is critical that legislation be put in place.
A “direct threat“ is “a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. If an individual with a disability poses a direct threat despite reasonable accommodation, he or she is not protected by the nondiscrimination provisions of the ADA.”
“If there is a direct threat that cannot be reduced to an acceptable level, the employer can exclude the employee from physically entering the workplace, but this does not mean the employer may automatically terminate the worker. Employers will need to determine if any other rights apply under the EEO laws or other federal, state, and local authorities. For example, if an employer excludes an employee based on an inability to accommodate a request to be exempt from a vaccination requirement, the employee may be entitled to accommodations such as performing the current position remotely.”
As a side note, the EEOC warns employers that if they incentivize employees to get vaccinated, and someone declines due to medical or religious reasons, they cannot discriminate against them by withholding the incentive, or what I like to refer to as “bribery.”
Is The FTC Going to Do Their Job?
Companies are acting as brokers for the “unapproved investigational vaccine” products, upselling them by incentivizing their employees, coercing them by giving cash and paid time off only to those who agree to get vaccinated (discrimination), and even bringing the product right into their workplace to have it administered.
The FTC is constantly cracking down on business for “deceptive marketing” which is exactly what is transpiring between the CDC and big corp. The CDC needs to be held accountable, and companies need to include the side effects fact sheets, that people should consult with their doctors first, and direct them to the VAERS reporting system so they can make an educated decision before agreeing to an “investigational vaccine” that isn’t even licensed. They are acting as drug pushers.
Pfizer and Johnson & Johnson, two of the three vaccines marketed in the US, have paid out billions in fines for violations of “fraudulent marketing,” “unapproved promotion,” “false claims act,” “safety-related offenses,” “kickbacks and bribery,” and worse. In fact, they are neck and neck with Pfizer at $4.6 billion and Johnson & Johnson at nearly $4.3 billion. AstraZeneca has its fair share of fines as well. Some of these cases parallel with what the CDC is doing with companies, while misrepresenting the products as “vaccines,” when they are “EUA unapproved investigational vaccines.” KEYWORDS can be the difference of life or death.
Here is a perfect example of the FTC cracking down on “deceptive marketing” of CBD products.
The FTC is taking action against six sellers of CBD-containing products for allegedly making a wide range of scientifically unsupported claims about their ability to treat serious health conditions, including cancer, heart disease, hypertension, Alzheimer’s disease, and others.
The FTC is requiring each of the companies, and individuals behind them, to stop making such unsupported health claims immediately, and several will pay monetary judgments to the agency. The orders settling the FTC’s complaints also bar the respondents from similar deceptive advertising in the future, and require that they have scientific evidence to support any health claims they make for CBD and other products.
They want scientific evidence in the above case, and that’s understandable, which is exactly why the “deceptive marketing” relates to the Covid vaccines. They have little scientific evidence and a whole bunch of “we’re not sure” packed into these vaccines. The FDA has made it perfectly clear that the vaccines are “investigational,” have a myriad of side effects, including potential death, they don’t know if they will prevent Covid and may only treat symptoms, they don’t know if you can still get Covid (we now know that you can) after getting the vaccine, or if you will spread it. Hence why it is an “unapproved and non-licensed EUA.”
The FTC’s guidelines on deceptive advertising of products or services primarily focus on health concerns.
Truth in advertising. Why am I hammering this so much? Because I’ve investigated a lot of FTC cases in the past, and what is going on with “deceptive promotions” with the Covid vaccine is exactly the kind of thing the FTC puts a hard stop to, and demands the wording be corrected, and proper information be provided so people can make educated decisions. With the legacy news media, bought off agencies, and big tech constantly censoring the truth from getting out, the FTC has the authority to correct this situation. They have sent letters to well over 50 companies regarding misleading people on Covid-19. It’s time they correct all of these companies on the misleading information they promote on their websites and through email. They are endorsing a product while withholding critical information. Yes, I’m aware, the FTC is another federal agency that is potentially as corrupt as the others, but the facts still must be stated.
Companies may not be “sellers of products” but they are giving “ENDORSEMENTS” of the vaccine (product), which falls under the FTC purview. The CDC provides an entire playbook and “toolkit” for companies, telling them to have their leaders be “vaccine champions,” “encourage,” “build confidence” in their employees to get vaccinated, and companies are falling right in line. They are endorsing the vaccine product, telling employees it is safe and they encourage them to get it. It’s quite a pyramid scheme – using taxpayer dollars to make it all happen.
For purposes of this part, an endorsement means any advertising message…. that consumers are likely to believe reflects the opinions, beliefs, findings, or experiences of a party other than the sponsoring advertiser, even if the views expressed by that party are identical to those of the sponsoring advertiser. The party whose opinions, beliefs, findings, or experience the message appears to reflect will be called the endorser and may be an individual, group, or institution.
(d) Advertisers are subject to liability for false or unsubstantiated statements made through endorsements, or for failing to disclose material connections between themselves and their endorsers [see § 255.5]. Endorsers also may be liable for statements made in the course of their endorsements.
Example 3: An ad for an acne treatment features a dermatologist who claims that the product is “clinically proven” to work. Before giving the endorsement, she received a write-up of the clinical study in question, which indicates flaws in the design and conduct of the study that are so serious that they preclude any conclusions about the efficacy of the product. The dermatologist is subject to liability for the false statements she made in the advertisement. The advertiser is also liable for misrepresentations made through the endorsement
The CDC Foundation gets paid by big pharma and Bill Gates, which is a major conflict of interest in pushing the vaccines. Where is the CDC disclosing all of the payments it receives? That’s another big issue with the FTC and is covered in their guidelines. Just take a look at the CDC Foundation’s hundreds of donors and partners.
Between 2020-2021 alone, the Bill & Melinda Gates Foundation has funded the CDC Foundation over $14 million, which is a drop in the bucket because they’ve funded them over $150 million. Is Bill Gates making money off of the vaccines? That’s a rhetorical question.
Examples of Bribery, Incentivizing, Threatening Termination, and Misleading and Deceptive Promotional Material by Companies & Universities
Here are just a handful of companies paying their employees to get the “unapproved, investigational EUA vaccines:” Aldi, American Airlines, Amtrak, BlueCross BlueShield, Bolthouse Farms, Casey’s, Dollar General, Instacart, Kroger, Lidl, McDonald’s, Publix, Target, Trader Joe’s, and many more. See more examples below.
They literally did a poll to see how many people they would be able to bribe into getting vaccinated. “Six in 10 workers would get the Covid-19 vaccine if their employers provided a $100 incentive.” If you are truly worried about your health and feel you need to get the vaccine, then you would get it. If you hold out because you want to be paid $100 to do it, it’s not about your health, it’s just another form of prostitution.
Publix “Deceptive Advertising” and “coercion” without FDA required fact sheets to recipients, or proper language for the “vaccine.”
Interlochen Arts Camp in Michigan are requiring employees to be fully vaccinated:
In Juneau Alaska, if you get vaccinated, you will be entered into a raffle to win cash prizes!
Oakland University is mandating vaccines and a pediatrician wants you to rush to get them.
Wellstar teamed up with the NBA, to give out 92 tickets to attend the NBA All-Star Game back in March – but only for those who have been vaccinated. Discrimination.
Grubhub even got in on the bribery action, despite drivers being independent contractors. Another discrimination case – only paying those who opt to get vaccinated.
The airlines aren’t messing around. With advance notice, they can drop their flight schedule and get full pay while getting vaccinated. What about those who don’t get vaccinated, if that’s even allowed? Discrimination.
Grocers say, “Now it’s your turn to step up and get in line for the Covid-19 vaccine.” Members of JBS, Kroger, and Meijer will all receive a “bonus” $100 for being vaccinated.
Nova Southeastern University, a private university in Florida are requiring all students, faculty and staff to be vaccinated.
Cruise Lines require full vaccination of all guests and crew. (page 2 of faq’s not included below)
Krispy Kreme wants you healthy – get a vaccine and get sugary goodness – makes sense.
“Be sweet to your community” and fill your body with sugar while getting vaccinated. They even thought it clever to use “Jane Dough,” which is a commonly used name for a corpse with no name. I’m not sure how they interpreted this as being clever rather than morbid.
Printer in Illinois offering cash only to those who get vaccinated. Discrimination.
“Nielsen strongly encourages US employees to receive Covid-19 vaccines based on CDC guidance.” This speaks to all of the points I’ve made above.
How far will they go to promote a “deadly pandemic” by flooding the message everywhere and bribing you to get vaccinated? If it were a legitimate “pandemic,” would any of this be necessary? Psychological warfare is powerful business.
Here’s What You Can Do
A) Review legislation in your area and contact your legislatures. Rally people in your community to do the same. Many states are pushing for prohibiting companies from requiring vaccination, so make sure yours is one of them. Here is a full list of the status of legislation in each state, as of March 5, 2021. More could have been added by now.
B) If you are considering getting the vaccination, please review this Family Financial Disclosure Form from Catherine Austin Fitts of the Solari Report. It is a wealth of helpful information and really important to understand the potential financial burden.
C) Create a printable flyer in pdf format for employees and students to print and give to their boss or school or send via email, with bullet points below. Provide links from report up above.
- The FDA requires recipients receive fact sheets on all of the vaccines, and that the vaccine be referred to as an “unapproved and unlicensed investigational vaccine” and is an emergency use authorization. Employees need to know this.
- The CDC states that EUA vaccines cannot be made mandatory if they are not licensed and there are no laws in place allowing for it to be mandated.
- EEOC states that incentives also have to be given to those who opt out due to medical or religious belief and they cannot be discriminated against.
- According to FTC guidelines, sellers and endorsers of products (especially health related) cannot omit information that may harm a person or not allow them to make an educated decision. The incentives and lack of FDA fact sheets by vaccine manufacturers make this “deceptive marketing” and “coercive.”
- The vaccine manufacturers hold no liability by law, but there is no law that protects employers from being sued by employees if they should be badly injured or die from the unapproved vaccine that they were “strongly encouraged” or required to get to maintain their job.
- Does health insurance, worker’s compensation, or life insurance cover me if I am injured or should die after getting this vaccine? Employees should be informed before they make a decision.
- By having vaccines administered in our workspace, there is a very good chance that everyone will know who is getting it and who is not, which likely infringes on HIPAA privacy laws.
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