This was my response to one of my blog readers who was trying to write an effective letter explaining their reasons for refusing a covid shot. It's good information that applies to anyone being forced to choose between lethal injections and keeping their job, so this is a copy of my advice:
From: JL [mailto:[email protected]]
Subject: re: resisting employer covid mandates/composing letters etc..
In response to your question about what to say in an employer letter and how to formally lay down some reasoning or what have you, about covid mandates you disagree with… I went ahead and did that for you, I hope you don't mind. My letter follows this advice. So, before you check it out, I just want to explain something to you that may be a bit counter intuitive, but is true just the same.
I have no doubt you would do a masterful job drafting such a piece, and that it would accomplish several things at once, not the least important of which would be blowing off some steam. Man, the things I could complain about! But no matter how accurate or eloquent you are capable of being, you must keep in mind, first and foremost, what it is you are doing;
You are legally refusing to contract with another party. In law, the act of creating a contract with you is called "Joinder". It is not allowable to simply be silent as a way to convey intent to contract or not, thus, one must always "Rebut in honour" to avoid tacit acceptance, which is considered given by ones silence. In other words, one must speak up, with words. Best version of that would be an example like; "I recognize your request as an offer of contract. I refuse your offer to contract with me, and I make no contracts with you."
From: JL [mailto:[email protected]]
Subject: re: resisting employer covid mandates/composing letters etc..
In response to your question about what to say in an employer letter and how to formally lay down some reasoning or what have you, about covid mandates you disagree with… I went ahead and did that for you, I hope you don't mind. My letter follows this advice. So, before you check it out, I just want to explain something to you that may be a bit counter intuitive, but is true just the same.
I have no doubt you would do a masterful job drafting such a piece, and that it would accomplish several things at once, not the least important of which would be blowing off some steam. Man, the things I could complain about! But no matter how accurate or eloquent you are capable of being, you must keep in mind, first and foremost, what it is you are doing;
You are legally refusing to contract with another party. In law, the act of creating a contract with you is called "Joinder". It is not allowable to simply be silent as a way to convey intent to contract or not, thus, one must always "Rebut in honour" to avoid tacit acceptance, which is considered given by ones silence. In other words, one must speak up, with words. Best version of that would be an example like; "I recognize your request as an offer of contract. I refuse your offer to contract with me, and I make no contracts with you."
Unreasonable requests are made of people every day, so adding reasons that make you special in that regard makes listing them out an instance of you just beating about the bush, so to speak. It is not the principle objection, it is just your reasoning for objecting. Choose to be straightforward and clear instead. You are not exercising an "option" here. In the case of mandates of any sort, it is your Constitutional Right to decide NOT to contract. (A dispute occurs when either party screws up a refusal because of HOW they do it.)
Statutes, Acts, and Codes are NOT laws. They are all examples of legislative rules that are given the force of law by consent. A "mandate" (sometimes called a mandamus), is legally nothing more than a request for compliance. Black's Law Dictionary offers a few paragraphs that further define the term but when you boil it down, it's just a guy that comes to you asking for a free favor, and presenting such mandates under color of law is a whole separate thing and an actual crime, since it would create a victim.
And never, EVER, respond to the question "Do you understand?" by saying "yes". If you do, you have just agreed to "stand under the rule" of the other party and legally created a binding verbal contract with that party. Instead, you repeat the statement above and NOTHING ELSE.
Same goes for written notices, but be clear that none ought be required to make your refusal known, and responses of this nature only provide additional ways to contract, after a matter could reasonably be considered settled. You are going to be tempted to construct a showpiece of literary competence. That’s a mistake. The more words you use, that go over and beyond those I just gave you, only serve to create, exponentially, more kinds of offers and counter offers between the parties, any one of which might accidentally become binding upon tacit acceptance.
Statutes, Acts, and Codes are NOT laws. They are all examples of legislative rules that are given the force of law by consent. A "mandate" (sometimes called a mandamus), is legally nothing more than a request for compliance. Black's Law Dictionary offers a few paragraphs that further define the term but when you boil it down, it's just a guy that comes to you asking for a free favor, and presenting such mandates under color of law is a whole separate thing and an actual crime, since it would create a victim.
And never, EVER, respond to the question "Do you understand?" by saying "yes". If you do, you have just agreed to "stand under the rule" of the other party and legally created a binding verbal contract with that party. Instead, you repeat the statement above and NOTHING ELSE.
Same goes for written notices, but be clear that none ought be required to make your refusal known, and responses of this nature only provide additional ways to contract, after a matter could reasonably be considered settled. You are going to be tempted to construct a showpiece of literary competence. That’s a mistake. The more words you use, that go over and beyond those I just gave you, only serve to create, exponentially, more kinds of offers and counter offers between the parties, any one of which might accidentally become binding upon tacit acceptance.
That whole "weekly testing" alternative is such a legal sleight of hand, crafted to get you to then agree to a "compromise", and it's just like agreeing to take the vaccines, because such a request constitutes a whole other offer to contract, one that might even be construed to mean that you acknowledge some validity to the state of emergency they claim justifies their mandates. Religious exemptions are yet another tricky trap of the same ilk. It gives them another opportunity to come around at some later date and challenge you yet again, the next time, questioning your religious convictions.
Because this is how such games are played, expect them to keep asking until you are fed up enough to hang a "no solicitation" sign around your neck. It changes nothing however. New request, different day. Nobody legally needs to provide any reasoning for any action they choose nor can they be compelled to give any, so doing so just provides additional opportunities to contract.
In closing, the way you keep the position of your party unmistakably clear, I strongly recommend that you remember that less is more, and that simple 22 word response is all you need. Go have that response made into a rubber stamp and you will instantly be Johnnie Cochran (without the big paycheck), LOL.
It is possible your employer will create a victim, by firing you. Make them do that. If you quit, it's compliance, while preferring to be fired gives you legal recourse later... but only if you are ALIVE to collect it.
You know when things go wrong and someone comes around to cheer you up afterwards and they say "Well at least you got your health?"
Let's not preempt such comforting efforts, yeah?
Because this is how such games are played, expect them to keep asking until you are fed up enough to hang a "no solicitation" sign around your neck. It changes nothing however. New request, different day. Nobody legally needs to provide any reasoning for any action they choose nor can they be compelled to give any, so doing so just provides additional opportunities to contract.
In closing, the way you keep the position of your party unmistakably clear, I strongly recommend that you remember that less is more, and that simple 22 word response is all you need. Go have that response made into a rubber stamp and you will instantly be Johnnie Cochran (without the big paycheck), LOL.
It is possible your employer will create a victim, by firing you. Make them do that. If you quit, it's compliance, while preferring to be fired gives you legal recourse later... but only if you are ALIVE to collect it.
You know when things go wrong and someone comes around to cheer you up afterwards and they say "Well at least you got your health?"
Let's not preempt such comforting efforts, yeah?
Beloved Tyrant;
With regard to the following mandates:
1
2
3…
"I recognize your request as an offer of contract. I refuse your offer to contract with me, and I make no contracts with you."
With regard to the following mandates:
1
2
3…
"I recognize your request as an offer of contract. I refuse your offer to contract with me, and I make no contracts with you."
In other words,
NO
NO
Respectfully;
Happ Y. Camper
Happ Y. Camper
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