Tesla gave workers permission to stay home, then sent termination notices
sfgate.com
sfgate.com
> They believe they received the notifications for speaking up about their concerns with working conditions at the plant.
The conversation so far here seems focused on them not showing up after being told they didn't have to. But did everybody who did not show up get these notices? Was it just folks who were vocal about working conditions?
Is this retribution? Why do the workers say so? It's always a danger to take a company's stated reasons for termination at face value. It could be true, but it might not. I'd love to hear more details.
How many workers didn't get fired after speaking up over concerns over working conditions?
If we don't have denominator, it's difficult to evaluate assertions of causation.
But there are more worker protections than people realize. The biggest problem with them is enforcement and lack of penalties.
But yes, to just name one example, I believe there should be punitive damages when a company is found to be in violation of these labor laws.
Get fired for speaking up about something illegal? Better hope you have a new job lined up or you have plenty of savings. Because it’s gonna be a long time before you either get your job back or see any kind of settlement.
I would say the opposite: the USA has much less in the way of worker protections than people generally realize. There are many unjust things that occur where the public and workers think "that shouldn't be allowed" but it is.
A bit unrelated, but one of my favorite cases on the concept involved Triple Play Sports Bar & Grille, where somebody was fired for a Facebook "like."
https://lizerbramlaw.com/2014/09/09/can-employee-fired-faceb...
At what point does a person at a company digging through someones social media posts constitute stalking?
https://www.natlawreview.com/article/does-creating-impressio...
That's the real crux of the problem. That is not evidence of a mature corporate environment. Broad policy statements and occasional emergency directives can come directly from the top, but day-to-day HR policy should come in writing after being signed off by appropriate directors/managers.
I've seen this at small-but-getting-bigger tech companies. The "founders" still act like they are running a business out of a garage. Once you have hundreds of employees you need to stop barking orders over a phone and comit all important policy decisions to paper.
Funny that we give local govs way more power with way less accountability.
https://en.wikipedia.org/wiki/Codetermination_in_Germany
>> Known as Mitbestimmung, the modern law on codetermination is found principally in the Mitbestimmungsgesetz of 1976. The law allows workers to elect representatives ... for almost half of the supervisory board of directors. [...] It applies to public and private companies, so long as there are over 2,000 employees. For companies with 500–2,000 employees, one third of the supervisory board must be elected.
>> The Prussian state aimed for a conciliatory policy between capital and labour, and worker committees were one way to involve and bind workers into a system, and avoid conflict. In return unions conceded objectives on the establishment of a socialist state.
Every day, people make decisions around risk and people can have wildly different opinions on how much risk to accept in order to live.
So each employee should be able to make the choice to take a very small risk and go to work or to live in irrational fear and quit their job.
The only mistake Tesla made was saying they didn't have to come if they were afraid. They should have just made it clear, come to work or be fired.
I guess by your logic, CEOs of banks, supermarkets, food processing, farmers, truckers, utility workers, insurance companies, hardware stores, airlines, hotels, hospital workers, etc. are all evil because they are 'forcing' their employees to work too.
But I'm sure that your response (in spirit) will be "The only essential businesses that should be allowed to force people to work are the ones THAT I NEED. I don't need a Tesla so it's not an essential business and we can just let it go out of business and layoff 50K people."
You call it a "mistake". I call it lying. It wasn't an accident or a run of the mill bad phrasing, it was trying to placate the government and the press with one message while punishing everyone who didn't read between the lines of it.
And you're right about there not being a Tesla without employees showing up. That's why Elon fires anyone who he suspects recognizes the power of a strike.
What startup company could survive unionization and striking workers?
It is not in any way, shape or form, a "startup".
I appreciate your presumptions. As someone who has worked as a paramedic, first responder, who has been a participant in County Public Health meetings, as someone who has supervised a quarantine and isolation facility, you'd apparently be surprised by how conservative my perspective of things is, whether or not I "need" them, and how willing I am to accept the inconveniences therewith.
> So each employee should be able to make the choice to take a very small risk and go to work or to live in irrational fear and quit their job.
There's a rather vast middle ground there. How about expressing alarm at the conditions being entirely suboptimal for minimizing risk? Despite Elon's claims, there is apparently significant concern about social distancing, opaque issues at Tesla's facilities.
> I guess by your logic ... are all evil
Please don't put words in my mouth. I never stated or implied that Elon/Tesla were "evil", or anything approximating that.
I have an understanding that in order for society to continue to function certain things have to keep happening. I also understand that there is non-zero risk in this. I also know that given some care and flexibility, there are ways to significantly mitigate these unavoidable cases.
I've also not had a haircut for a few months (actually, I lie, my girlfriend used a trimmer, once). It may be that my definition of "essential/necessary" differs from others. I don't overly have much sympathy for the people claiming that they are being "tread on" because they're not able to easily access a nail salon, etc.
I get the feeling that this will not age well[1].
> That's a lot different than saying there is no threat.
He has downplayed the threat so significantly and in such frequent error - proved as error as time passes and his virus predictions do not come to pass - that he is effectively suggesting that indeed, "there is no threat" even if he does not use those direct words.
The ONLY way the US would have minimized COVID death was hyper-aggressive contact tracing. That didn't happen and still continues to not happen, so COVID will not be controlled and by the time any vaccine is developed we will reach herd immunity anyway so it won't matter.
The math says (and has always said) that the US will need to reach 400K-600K deaths before herd immunity is reached. And there is NOTHING that can change that number given the current state of COVID management. The recent protests/riots plus various easing measures guarantee another exponential spike in cases.
The vaccine won't happen in time to make a big dent in the numbers. Novel treatments (remdesivir, etc.) that reduce mortality can make a difference, but it's unclear how much of a difference and when.
It's unclear if masks and social distancing while largely re-opening the economy can keep R0 below one. So far it doesn't look like it, but we don't have enough data.
Elon made specific predictions about the US. If he was using China's data to make predictions about US laws and American behavior, then I repeat and stand by my words that Musk is therefore extremely bad at risk management.
China and the US are extremely different countries. There is no logic to basing American response predictions on China's actions; it is obviously flawed to the point of not being useful and also being harmful.
But I don't think your statement about 'risk management' makes any sense since there is no risk to be managed in this case. What exactly do you expect Tesla to do about a global pandemic?
Risk management implies risk mitigation. Tesla's greatest risk in all of this is economic slowdown which I'm sure they are addressing internally as prudently as possible given their situation and their predictions about the future economy.
There are many other deadly communicable diseases than just COVID, like the average flu for example.
COVID is worse than the average flu, but not radically worse by SUBJECTIVE OPINION.
Why exactly is COVID the HARD LINE for you while the flu is totally ok?
Do you not see there is a very large grey zone between:
[the regular flu] <---> [hypothetical plaque that kills 50% of everyone]
[totally accepted, [totally rejected,
society doesn't do society implements
anything] extreme measures]
As we head towards the right side of the grey zone, you would get very high consensus that extreme measures are worth it. But COVID is much closer to the left side of the grey zone which is why we see much less consensus.The US has had 122,550 COVID deaths so far and daily case numbers are spiking again:
https://coronavirus.jhu.edu/map.html
That figure may well rise to 200,000 deaths by the end of the year.
Alameda County (where Tesla's Fremont plant is located) has had more COVID deaths than all of Australia:
If an earthquake would kill 1% of the world's population, it would be the event of the century. Instead, here we are, debating Covid's significance and conspiracy theories...
You're also grossly underestimating the real impact of 1% of the population dying in a short time span.
It's a lot harder for the virus to make it through two masks (the one on the sick person is the especially important one) and it seems if you don't get a exposed to a high enough viral load at the start, you don't get it nearly as bad.
I think universal mask wearing would bring R0 below 1, and the pandemic would end.
Costco requires a mask to shop in their stores (at least where I am.) If you don't have one, they will give you one (and an admonition to save it for the next visit.) I feel safer shopping there than any other store right now.
For example, I am avoiding Walmart and hardware stores because almost nobody wears a mask, including even the staff, whereas in Target and Kroger it is 50% or higher.
Recently McDonald's actually removed the sneeze guards they had installed for some inexplicable reason and their staff stopped wearing masks, and in a related note due to increasing numbers we're likely to re-enter lock-down soon (per the state health board).
I cannot imagine any justification for EVER removing the sneeze guards, it isn't like flu and the common cold are disappearing. Let alone now.
We went to a Costco in Toronto, Canada a couple of days ago. If you didn't have a mask on, they pointed you at a table off to the side where they had free masks, hand sanitizer, etc. Some people would accept the free mask, but others went in maskless. A staffer at the front door appeared to be keeping tally of people without masks using a sheet of paper (as opposed to the standard front door person who counts everyone going in with a little clicker thing).
I'd say about 15-20% of people in the store weren't wearing masks.
What's wrong with Western culture where people are making a political thing out of wearing a mask, I.e. Not being a dick and looking out for the health of the people around you.
What you want is masks + distance. The mask is really a stop-gap measure when keeping distance fails.
Also: gloves.
Of course, yes, it would be easy to say, "just never get in range and the mask doesn't matter," but we live in urban environments and need to do the best we can in light of that.
That being said, even used incorrectly they would definitely drastically help.
Losing ten percent of three nines is huge, losing ten percent of coin flip reliability is negligible. (but a coin flip reduction in everyday infection rates would still be huge). I strongly believe that unnecessary fretting over clinical hygiene rules of mask handling is responsible for a massive adoption delay, or adoption gap even today.
They're not wrong. Enacting pro-social policies that restrict most individuals in small ways—but benefit society-as-a-whole in large ways—is one of the core things Fascists did that was actually effective at improving lives—just like forcing everyone to wear masks in the United States would also be effective at improving lives.
So yeah, Fascists would absolutely have forced individuals to wear masks for the good of everyone—but that doesn't make the policy "bad", it's just one of the rare policy areas where Fascists tend to get good results.
The actual problem is that people today believe literally anything Fascists would have done is, by definition, "bad/wrong/evil." That kind of simplistic thinking is all too common.
Societies of all stripes and sorts restrict individuals in small ways. Just because fascism restricts individual freedoms doesn't mean that all restrictions are a symptom of fascism.
Conflating mask requirements with fascism is to ignore the real history and motivations behind fascist movements.
Lots of similar policies are promoted by seemingly different forms of government. Even the most cursory inspection of our world today (or history) is sufficient to demonstrate this point.
Forcing individuals to wear masks is absolutely something Fascists would do, and they would do so for 100% ideological reasons, so the statement "forcing people to wear masks is a Fascist policy" is 100% accurate. It's also a current US policy, a current communist policy, etc. etc. so it's clearly not limited just to Fascists.
And no, it isn't "current US policy" whatever that would mean. There's no Federal law requiring it, and many states explicitly prohibit requiring it; for example, Nebraska blocks cities and counties from receiving funds if they refuse to provide service to people who refuse masks.
And how do you know Fascists would do so for 100% ideological reasons? You have this simplistic boogeyman idea of fascism. Fascists don't want to die from COVID-19 any more than anyone else does.
The mask issue really shows both how anti-science people are, and how easy it is for people to politicize a simple method for fighting disease.
Do you object to laws preventing you from dumping your raw sewage in the street? Fascism at work!
Besides, it just doesn't ring true to me. Had this been intentional, they would have been far more careful and not set themselves up for the most predictable made-for-media firing scandal you could possibly envisage. Companies deal with firings all the time, they know to avoid this sort of thing. That's basically the point of an HR department.
If accidental, and assuming a continuous-improvement policy within the company, it could also be an opportunity to understand how the wrongful terminations took place.
Like Tesla calling their driving assistance “auto-pilot”.
https://www.tesla.com/autopilot
You’re right Tesla is guilty of marketing features that don’t exist today but will “in the future”.
But hey they disclose the truth in the fine print (Autopilot is not autonomous), so nothing to see and god forbid we accurately call it what it is “driver assist“ instead of autopilot or even the as of yet non-existent “full self driving”:
“Current Autopilot features require active driver supervision and do not make the vehicle autonomous.”
>The workers... said they both received the notices last week from Tesla's human resources department citing their apparent failure to show up and the company's inability to reach them. The workers provided evidence of their continuing correspondence with managers.
Communicating directly with managers is not the same as communicating with HR; it seems like HR opened up a big list of people who hadn't clocked in in x days and sent them all termination-unless-you-say-otherwise notices.
The question I don't see answered in this article: Did HR communicate an end to the unpaid leave arrangement? I won't contend that that should have been clear from the start, since the situation changes by the day; but at least a little bit of "We're starting to wind down the unpaid leave program based on guidance from county authorities about the safety of ... etc, please arrange to resume your work by $Date,"
Not to mention the CEO was actually breaking the law by reopening, in practice this worked out to violate the law by coming to work or get fired...
And it’s not about musk breaking the law...it’s about him telling his employees to break the law and firing those that didn’t...did musks lawyers advise them as well?
That’s a straw man...the CEO fired people who didn’t break the law at his direction. He didn’t give a damn if the employees felt the law was just or not. Forcing employees to break the law or fire them is absolutely wrong.
With all the bad publicity he's generating for himself in the midst of a huge crisis, where the media exposure of his actions is greater than it's ever been, that is going to change. And it probably won't be good for Tesla.
After all of the issues, the magical tents?
This sounds like a communication failure between the managers and the HR department. Absolutely a problem, and people are right to be angered. But it also sounds like one that could be quickly resolved, and their job status restored.
If Tesla isn’t going to be held accountable or penalized for not enforcing strict COVID safety protocol they won’t.
I guarantee they wouldn’t get away with this in Shanghai.
I say omit because your posts seem to strongly imply that their compliance in Shanghai is the more desirable outcome.
And either way I’m not advocating rioting/looting and certainly not arson, just saying maybe it will happen and it would be ironic if Musk’s “not a flamethrower” was used.
I’d be the first person to advocate for the people who got fired for refusing to break the law at the direction of their CEO, but not violence or blood.
This is a dubious claim at best. That being said the real problem is that Musk made the decision about how much risk is acceptable for his employees without their input and seems to be retaliating against those who disagreed.
> This is a dubious claim at best
Ask any microbiologist.
This is just crazy. Every other major country in the world has essentially beaten the virus with mask wearing and lockdowns and the US is about to have another devastating wave of cases in almost every major city outside the Notheast because people like you that are astonishingly selfish and arrogant have flouted the process and actively oppose it. You're cutting off your head to spite your face.
The economic considerations are secondary, we are probably looking at 500K deaths by 2021. That's World War level of deaths and your complaining about lockdowns and masks? Wtf is wrong with you, seriously. Learn empathy. People are dying.
>Ask any microbiologist.
So you've gone from "not all experts agree" to "all microbiologists agree". This is very poor form.
I'm sorry but you must be a troll. The numbers couldn't be more obvious, last year there were 39M - 56M flu cases in the US with 24K-62K deaths. We are at 2.3M confirmed Covid-19 cases and 120K deaths in roughly 3-4 Months. So a fraction of the cases and already 2-6 TIMES as many deaths and we aren't near finished. How do you see those numbers and say this is basically the flu?? Next I suppose you'll say states are falsifying their numbers to hurt Trump? Truly deluded.
https://www.cdc.gov/flu/about/burden/preliminary-in-season-e...
https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/case...
You are just flat wrong, dangerously so. The actual numbers show that Covid-19 is 10s to 100s of times more deadly than the flu. You are just wildly uninformed and your confidence in your ignorance is astonishing.
Tesla doesn’t care unless there are steep penalties. They wouldn’t get away with this in their Shanghai factory.
My advice to anyone with any money, or any ambition to have any money. Is to ignore these stories in the short term and take a long term view. They are mostly bullshit. And for the fools that don't have any money... and want to stay poor. Go ahead. Spread the bullshit. It increases wealth inequality...
If all you care about is money on the other hand don‘t pretend not to be.
Whatever happened to Martin Tripp?
https://www.cnbc.com/2019/11/12/tesla-gigafactory-safety-pro...
https://www.usatoday.com/in-depth/news/investigations/2019/1...
(the second link doesn't work in the EU)