A day before Ochsner Health’s deadline for employees to be vaccinated or face dismissal the 2nd Circuit Court of Appeal in Shreveport ruled unvaccinated employees can’t be fired while the mandate is being challenged in court. Jimmy Faircloth, an attorney representing Ochsner employees, said it was a surprising move.
“I’m not aware of that ever happening, I asked for them to do it, I think there was certainly authority to do it. I think the court appreciated the absolutely extraordinary circumstances that we have here, and I think the 2nd Circuit did the State of Louisiana a favor,” said Faircloth.
On October 5th State District Judge Craig Marcotte threw out the case file by dozens of employees at Ochsner’s Shreveport facility. But on October 28th a three-judge appellate court ordered a hearing on the case and ruled no employees can be terminated until the case is heard. The deadline for employees to be vaccinated was October 29th.
Faircloth said the ruling sends a clear message about vaccine mandates.
“I think at the end of the day the 2nd Circuit is the hero here because I do think this is going to have big implications and cause a lot of these employers to rethink these threats to suspend or terminate,” said Faircloth.
While the ruling only pertains to Ochsner healthcare facilities in the 2nd Circuit which is predominately north Louisiana, Faircloth said until the case is heard he feels it wouldn’t be wise for Ochsner to discipline any unvaccinated employees.
“Those outside the 2nd Circuit it doesn’t reach them, but I think for the Ochsner family, in particular, they would be they would be hard press to want to terminate someone in one of these other cities without the fear of being sued now that the 2nd Circuit said it looks like you’re going to lose,” said Faircloth.
Ochsner Health CEO Warner Thomas says the ruling from the 2nd Circuit Court of Appeals is disappointing and they will appeal. Thomas says their employee vaccination requirement outside of north Louisiana will move forward.
Faircloth said he believes the case will be heard within the next two weeks in Shreveport.
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