Tesla Workers Who Stayed Home Due To Covid Are Terminated

Tesla is already known for its unsympathetic stance towards employees. There are going to be a lot of 'he said, she said' disputes about employment law around workplace safety and pandemic behavior. JL

Timothy Lee reports in ars technica:

Tesla opened its flagship Fremont factory in defiance of public health officials. To help address safety concerns, Tesla executives emphasized that no one would be forced to come back to work if they felt unsafe doing so."If you feel uncomfortable coming back to work at this time, please do not feel obligated to do so," Musk told employees in a May email prior to Tesla re-opening its factory.Tesla cited Gabriel's failure to respond to emails and voicemails inquiring when (they) would return to work. They had both been in regular contact with their managers prior to the termination notices.

Two workers, Carlos Gabriel and Jessica Naro, say that they received termination notices from Tesla last week after taking unpaid time off in an effort to avoid the coronavirus. The San Jose Mercury News first reported Gabriel's termination notice last week.

Both workers say that they were contacted this week by Tesla's HR department. Naro was given the opportunity to come back to work if she committed to a return date. She declined because her 6-year-old son has a health condition that puts him at heightened risk.

Gabriel ended his call after the Tesla rep refused to allow him to record it. He hasn't heard back since and believes he is no longer on Tesla's payroll.

Last month, Tesla opened its flagship Fremont factory in defiance of public health officials in Alameda County, where the factory is located. To help address safety concerns, Tesla executives emphasized that no one would be forced to come back to work if they felt unsafe doing so.

"If you feel uncomfortable coming back to work at this time, please do not feel obligated to do so," Musk told employees in a May email prior to Tesla re-opening its factory.

Tesla HR boss Valerie Workman spelled out Tesla's policy in more detail. "if you are sick or have concerns with safely coming to work, please stay home," she wrote. "You may use your available PTO or if you have none, may take the time as unpaid without penalty. We respect your decision."

But Gabriel and Naro didn't feel like their decision was being respected when they received official notices from Tesla informing them that they were being terminated for “failure to return to work.”

Safety concerns

Both workers have been staying home because they don't feel that the company has done enough to shield workers from contracting the deadly virus. The Washington Post reports that the two fired workers aren't alone in their concerns:

Their concerns about safety are shared by a half-dozen workers who spoke with The Post, some on the condition of anonymity for fear of losing their jobs. They said that Tesla is failing to follow social distancing guidelines, with lax enforcement of rules concerning masks and sanitation of machinery. They also complain of little transparency by the company about new cases of infection, as well as its response.

The day before the termination notices were sent out, Gabriel spoke at a rally outside Tesla's Fremont plant, where he criticized the company's safety protocols as inadequate. He carried a sign that said "Tesla doesn’t care about human life." Gabriel believes his termination was retaliation for his activism.

But that's not how Tesla explained the move. In its termination email, which Gabriel shared with the Mercury News, Tesla cited Gabriel's failure to respond to emails and voicemails inquiring when Gabriel would return to work. Gabriel said he didn't feel a need to respond because he had been told he could stay home if he felt unsafe. Gabriel and Naro told The Washington Post that they had both been in regular contact with their managers prior to the termination notices.

Tesla didn't respond to a Thursday email seeking comment for this story.