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I was reasonable to ask to WFH in early days of COVID, says fired engineer

(2023/01/17)


His former employer cannot "seriously" claim that he was unable to perform his job remotely when it fired him for refusing to work in person during the onset of COVID-19 in 2020, an engineer told a judge last week.

Yiyu Lin, a senior project engineer carrying out technical execution of projects in the design and manufacture of high voltage power transmission systems, worked at Massachusetts-based CGIT Systems Inc until 2020, the year it dismissed him for a reason it listed as "job abandonment" when he did not return to work on March 31 following its request that he come back to the office.

He is suing the company for disability discrimination and age discrimination.

[1]

Lin's filing last week asks the judge to find on his claims before the trial, and to hand down an order scheduling a trial "on damages only." He [2]claims [PDF] in the Massachusetts district court filing that his job did not require his presence; that his request for "eight days leave of continued remote work was reasonable as a matter of law"; and that CGIT did not challenge his medical condition "at the time" including never seeking more information or documentation about it, and should therefore be stopped from arguing their former employee "was not disabled."

[3]

[4]

It also states that Lin, who is Chinese-American, according to CDC COVID-19 guidance is "disproportionately... more likely to end up in a hospital ICU or morgue."

Lin's initial 2020 complaint claimed racial discrimination, and his amended [5]2021 complaint [PDF] includes fresh claims his "Chinese accent" raised "issues" from both "internal employees of Defendant and external clients."

[6]

He also alleges in the amended filing that CGIT would send reps from religious organizations to the workplace in Medway, Massachusetts, "to speak with employees during the workday concerning their religious faith on a monthly basis." Lin also says CEO Tom Ferguson would send religious-themed emails (headed Reading Optional) including one stating: "Yes, though you walk through the valley of the shadow of death, you will not fear COVID-19, for God is with you."

[7]Ex-Twitter Brits launch legal challenge against dismissal

[8]Meta develops AI targeting system to show housing ads to wider range of users

[9]Tesla fails to push racial discrimination lawsuit into arbitration

[10]Iterable co-founder claims he was ousted because of racial discrimination, not LSD use

According to the amended complaint, Lin said he'd participated in daily morning engineering status meetings through Webex/Skype; participated in internal project status meetings through Webex; participated in weekly project status meetings concerning ongoing projects; and executed and completed all tasks through the company's VPN. He also claims that three white employees, two of them engineers, had all requested WFH and been approved on March 26, 27 and 28.

He also claims that CGIT's "corporate office in Texas was preventing Medway from implementing safety measures."

According to Lin's 2021 complaint:

Plaintiff's health concerns were well founded. On April 1, 2020, five of Defendant's employees were out sick. The next day, it was reported that the wife of an employee tested positive for COVID-19. The following day, an employee of Defendant tested positive for COVID-19.

His former bosses at CGIT, meanwhile, claimed last week that if he had come to work on March 31, 2020, he would not have been fired. In its response to the motion for summary judgement, CGIT claims the case should never go to trial, [11]claiming [PDF]: "There is no evidence that the decisionmakers ever raised any issue concerning Plaintiff's accent or ethnicity."

It also asserted that Lin didn't have evidence to support a finding that his historical diagnosis placed him at such high risk for severe illness from COVID-19, and claimed that "as a manufacturer of custom high voltage electrical equipment, CGIT was deemed an essential infrastructure business and did not have the luxury of simply shutting down all in-person operations in response to COVID-19, as many other businesses did."

It added that if he had "simply returned to work on March 31 following his two-week stint of working from home instead of unilaterally deciding that he was not going to return until he felt it was safe, he would not have lost his job."

[12]

Lin's [13]original complaint [PDF], filed in 2020, says he asked to work from home because he was 55 "with a long-time high blood pressure medical problem, and that he lived with his mother, who was subjected to high risk of COVID-19."

The case continues. ®

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[2] https://regmedia.co.uk/2023/01/16/lin_support_for_summary_j_motion.pdf

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[5] https://regmedia.co.uk/2023/01/16/lin_amended.pdf

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[7] https://www.theregister.com/2023/01/13/twitter_uk_dismissal_challenge/

[8] https://www.theregister.com/2023/01/11/meta_ai_advertising_doj/

[9] https://www.theregister.com/2023/01/05/tesla_discrimination_lawsuit/

[10] https://www.theregister.com/2022/11/29/iterable_cofounder_discrimination_lawsuit/

[11] https://regmedia.co.uk/2023/01/16/cgit_reply.pdf

[12] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_offbeat/legal&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33Y8bUNtD6s08-J3y6GuBr2QAAAI8&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0

[13] https://regmedia.co.uk/2023/01/16/complaint_lin.pdf

[14] https://whitepapers.theregister.com/



Massachusetts in the early days of COVID

Antron Argaiv

I started working from home in March 2021, before places started to shut down. I just didn't dare use public transportation any more. This man's fears are (and were) perfectly reasonable, and I hope he wins his case. His employer is going to have a hard time if they let three other engineers work from home, while forcing him to come in (unless there's valid reason he was needed on site). Most companies, mine included, were very tolerant of older workers' fears, and requests to WFH.

It's hard to remember how frightened we older folks were, before the vaccines, but I spent most of the next two years at home. Fully vaccinated now, but still wear an N95 on busses and aircraft, and avoid concentrations of people in enclosed spaces. Wouldn't think of going to the grocery store without a mask on.

Re: Massachusetts in the early days of COVID

Lazlo Woodbine

I had a colleague who work from home from the middle of February 2020 for health reasons and still hasn't returned to the office.

We boxed-up all the contents of his desk and put it in storage. There's every change he's written some AI type script to do his job and he's now in the Bahamas. If that's the case I say fair play fella.

Re: Massachusetts in the early days of COVID

elsergiovolador

One company was asking workers to show up to stand up with a current issue of a local newspaper (so difficult to get to Bahamas on time) and then they had to get their laptop and point camera to the power sockets in their room and then take a peek through the window.

Also look up, down, left, right while holding a print out of someone's face next to theirs.

It's impossible to fake that with the current AI.

Re: Massachusetts in the early days of COVID

My-Handle

I would say I'm surprised, but I have fairly low expectations on how low some companies will go.

I think I'd have a tough time doing most of those even here at home. My power sockets are under desks and generally covered. The nearest shop to me is three miles away and would require ten or twenty minutes of driving to get hold of a current newspaper, and would defeat most of the point of working from home. Lastly, I have a stubborn streak in me a mile wide and I hate being made to waste time just to satisfy someone's dictatorial streak.

Fortunately, the last couple of companies I've worked for have had a general policy of "If the work's getting done, we don't care where you do it from" (with a few sensible caveats, of course).

Re: Massachusetts in the early days of COVID

elsergiovolador

I heard it was not every stand up. They got notified just before COB day before and as far as I know it happened only once and there was a push back.

I think that happened once company found one employee was working from Tenerife and they had a strict work only from the UK policy.

Re: Massachusetts in the early days of COVID

elsergiovolador

but still wear an N95

Oh that triggers some nostalgia. Remember spending evenings trying to learn Symbian. Such a nice system, shame it has failed.

Anonymous Coward

The CEO prayer email! Wow. just wow.

Essential industry

Anonymous Coward

We make movie distribution software and we were a "vital industry (technical and research)" according to our state regulations and allowed to stay open.

Re: Essential industry

Azamino

My shop issued me with a letter confirming my essential status, just in case I was ever stopped whilst travelling to the office. I don't know how official it was but I only ever produced it once, during my annual pay review in 2021.

xyz123

basically the guy was fired for refusing to come to work to "pray away the Asia", by various religious groups.

This should be millions of dollars as an example to other scum companies/religious nutballs who are willing to risk employee health for their own goals.

Oddlegs

I'm torn on this one. It's easy with hindsight to say that of course covid was a serious risk to certain groups and so forcing those people to come into an office was unreasonable. We also now know that remote working can work extremely well in certain industries. Back in March 2020 though it still wasn't clear that covid was a risk to any but the most elderly and vulnerable. Remote working en masse was also completely untested. Given all that I think the company's decision to sack the guy in early 2020 has to be considered based on what we knew at the time. Could the employer have been more considerate of his wishes - almost certainly; was not doing so illegal - maybe not. If the employer allowed others in the same position to WFH then denying this guy was wrong but we don't know if the requests were identical and the employer had already allowed him to WFH for the previous two weeks.

All of the nonsense around religious-themed emails is just that. It's not an employer's place to send such messages but it clearly didn't bother the complainant that much until he came to be sacked.

nintendoeats

I think that last comment is a dangerous precedent. We all know that it takes a lot of activation energy to raise these issues, since there is so much risk of personal loss. While I probably would have quit after seeing that kind of thing (and let HR know why), I also understand why somebody would just grin and bear it. But if he has already paid the cost of being fired, might as well hold the company to account.

I'm not torn at all

JoeCool

The employer is placing unreasonable burdens on the employee, without any evidence of necessity. (That's the thumbs down).

Your last sentence is supposition on your part. You have no idea how he felt about it at the time, and so what ?

His immediate reaction is immaterial. The far more important question is what it says about his employer's decision making. Sometimes you do need two points to draw a conclusion.

Binraider

There are times when I hate working for an anonymous corp, but I have to admit their COVID response and shift to WFH was well ahead of the curve.

We still haven't returned to the office full time, nor are we likely to do so. The only people losing out really are new starters to the business who have a much harder time of getting involved and so we do need to find some sort of balance on that front. That and the oil companies losing out on their £100/week as commuting has dropped off.

Clean them out

MJI

Nasty disease.

I have had it, basically did not know as 4x jabbed.

But the changes to it got through and I am now suffering, not with covid, but the after effects.

No idea when I can return to work full time WFH.

Managed 3 hours today though!

Covid After Effects

Anonymous Coward

I'm also struggling having had Covid over Christmas and New Year, a rare evening out found us beside a woman who coughed all the way through the orchestral performance we had been out to see left me infected. My wife caught it too but she had a milder experience this time after a very bad infection last year. I'm self employed so don't take sick leave unless its necessary, Whilst I'm now Covid clear I'm struggling to even walk the dogs on top of work. I've been prescribed steroids for a different ailment and the days I take them the Covid effects seem lower and I'm actually getting a few minor jobs done on my cars. I'm a petrol head and had bought various bits for Christmas which needed fitting, they would usually be on the car by New Year but I have just not had the energy do anything until last week. I'm also 4X jabbed by the way, I hate to think how ill I would have been without the vaccine, I did have one long scary night where I struggled to get enough air through my lungs.

Culturally dead...

RyokuMas

I joined my current role about two years before covid hit. One of the key appeals to me was the vibrant culture of the business - pretty much everyone was friendly and had time for each other, the managers were on a level with and worked hand-in-glove with those they managed, and there was a decent level of sociability attached to the workplace.

These days, I feel like a contractor - just sitting at my desk, mindlessly hitting keys, all conversation strictly work-related and to a schedule. The few social events that have taken place since lockdown was lifted have seen almost no attendance by those who started with the company during covid, and it it feels like an almost weeky occurence that another longer-established team member leaves.

That amazing culture that made me feel that my company was great to work for - gone. Such a shame.

Potemkine!

In my socialist hellhole, the Law says that a [1]wage slave is right to refuse to work in a dangerous situation . It even says the company is responsible for the workers' health.

[1] https://www.service-public.fr/particuliers/vosdroits/F1136?lang=en

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