After refusing to disclose her vaccination status—behavior the company interpreted as noncompliance—Carijen was terminated on Dec. 1, 2021, according to the suit.
Legal Theories and Emerging Arguments
Carijen’s legal team, led by Patricia Finn, argues that the vaccine mandate breached implied contractual obligations of good faith and fair dealing and Parexel’s own code of business conduct and ethics, which she claims require fairness and respect for employees’ beliefs. The complaint also references the Nuremberg Code, an international ethical guideline established after World War II to prevent involuntary medical experimentation.
Although courts have dismissed similar claims in other cases, Finn remains optimistic, stating:
“We expect great success with the case and many others like this.”
Allegations Against Sterling Check and First Advantage
The lawsuit accuses Sterling Check, which Parexel hired to administer its vaccine compliance program, of interfering in Carijen’s employment by reporting her vaccine status to Parexel. Carijen also alleges Sterling and Parexel conspired to coerce employees into vaccination without sufficient disclosure of risks.
