Tesla HR to employees: 'Choose not to work, it may impact your unemployment benefits'

[brooklynite]

Source: CNBC

Tesla HR boss Valerie Workman warned the company’s California employees on Wednesday afternoon that if they are called back to work but choose to stay home due to Covid-19 concerns, they could lose unemployment benefits.

Workman suggested that decision would be up to the state of California and not Tesla.

“Once you are called back, you will no longer be on furlough so if you choose not to work, it may impact your unemployment benefits as determined by your local government agency – and not by Tesla. We completely respect your decision and will support you, without any penalties from us,” the email said.

CEO Elon Musk reopened the company’s main U.S. car plant in Fremont, California this weekend. He did so in defiance of local Covid-19 health orders from Alameda County Public Health.

Read more: https://www.cnbc.com/2020/05/13/tesla-hr-warns-employees-skipping-work-may-affect-unemployment-pay.html

[samnsara]

1. but isn't their boss breaking the law? so hes gonna force them to be accomplices?

...i don't think they will be denied unemployment bennies.....

[brooklynite]

2. "California officials capitulate to Elon Musk, allow Tesla plant to reopen"

New York (CNN Business)Tesla's standoff with California's Alameda County officials has come to an end after the county agreed to let Tesla's factory in Fremont, California, reopen.

Alameda County gave Tesla its blessing on the condition that it maintain "minimum business operations" and implement additional safety recommendations, according to a company statement that was released on Tuesday.

The county said Tesla could possibly re-open as soon as next week, though the company has already begun production despite coronavirus concerns, according to Tesla (TSLA) CEO Elon Musk.

That ignited an ongoing rift between the billionaire and California officials who argue his business operations continue to disregard workers' safety. Musk had threatened to move his company's headquarters out of state.

https://www.cnn.com/2020/05/13/business/tesla-plant-reopening/index.html

[mitch96]

3. Employees caught in the middle again.... nt

[rockfordfile]

4. It wouldn't this isn't Russia

[Evolve Dammit]

5. Go move to AZ already

[FBaggins]

6. That's pretty straightforward

If you are furloughed because your employer is closed... you qualify for unemployment benefits. When your employer reopens and you are called back to work, you aren't unemployed any longer.

This actually sounds like they're looking out for their employees to some extent. In most companies, if you elect not to work (and aren't out because a doctor says that you can't work or similar)... you've basically quite (and would not qualify for unemployment). It sounds like they aren't going to pay if you won't work... but also won't fire you.

[hughee99]

8. That's the way I read it too. Nt

[Bengus81]

16. Not like that in Kansas......

You can argue YOUR case in front of a Judge for what your reason of refusal is. Why is corona virus any different than refusing to work in a place that has multiple OSHA violations that have never been addressed?

[FBaggins]

19. Sure it is

In pretty much any state, you can ask a court to intervene if there's a safety issue at work. But you don't get to make the call based on whether you personally feel safe or not.

Why is corona virus any different than refusing to work in a place that has multiple OSHA violations that have never been addressed?

Simple. In one case, the government determines that your workplace is not safe for occupation - so your employer can't force you to work there. In the other case, the government has said that the workplace can reopen.

There might be a case to be made if your doctor said that you were particularly vulnerable and could not be in public... but the general case would be that you would not be eligible for unemployment benefits if your employer was open and scheduled you for work that you chose not to perform.

[Bengus81]

20. Sure it isn't

From Kansas unemployment:

You will be disqualified for benefits if you if you voluntarily quit your job without good cause attributable to the work or the employer.
You may still be eligible if you under certain circumstances outlined in Kansas law. The only way to know if you will receive benefits if you have left work voluntarily is to apply for benefits and allow one of our adjudicators to make a determination.

So...if asshat Musk forces you to work side by side on vehicles coming down an assembly line (how do you build a car with one person per station?) and you claim it's not safe then you have a case to argue.

You might win or you might not but what I'm saying is Musk and his HR person are NOT the last voice saying whether or not an employee can get unemployment or not.

[FBaggins]

21. Your post doesn't support the claim in your title

You haven't identified a difference between Kansas and California.

If you re-read the OP, Tesla isn't saying that they are "the last voice" in who gets unemployment compensation. In fact... they say the opposite (emphasis mine):

it may impact your unemployment benefits as determined by your local government agency – and not by Tesla

In both states, you would be able to make a claim that you don't think it's safe... and in both states, it's unlikely that you would win.

[Canoe52]

7. Not looking at Tesla for our next car, now...

[Fullduplexxx]

9. Really makes me want to avoid tesla

[bluestarone]

10. There comes a time when you find out

What kind of monster you work for!!

[Initech]

11. Dying for your right to work, what could go wrong?

[lonely bird]

12. As stated before

Fuck Elon Musk.

[iluvtennis]

13. Tesla needs to test all of the workers at the auto plant. That way everyone working their

knows the environment they are working in is corona virus free.

trump has said anyone who wants a test can have it, Tesla should call him on it.

p.s. If I were a Tesla worker, I wouldn't go back to work. I would then file an appeal with California Unemployment organization that Tesla is requiring me to work in unsafe environment and until Tesla certifies they work environment is corona virus free I should be allowed to continue receiving unemployment payments.

[hydrolastic]

14. If Tesla is unionized wouldn't this fall under "change of work conditions"?

Then the union or even the employees could file an Unfair labor practice (ULP)

[Bengus81]

15. Another billionaire that doesn't give a rats ass about workers.......

Also his HR person is full of SHIT if she thinks just getting called back and you refuse kills your chances of unemployment. Workers CAN go to court and tell the judge they were afraid of something silly called the CORONA VIRUS and working very close to other workers.

Gawd........I used to like Musk,actually kind of admired him and what he'd accomplished.

[question everything]

17. I am concerned that Tesla was selected as the new venue to send astronauts to the ISS

[jrandom421]

18. I wonder

if Tesla and Musk can be sued for intentional harm when workers contract COVID-19 while working and eventually sued for wrongful death or negligent homicide if someone dies from catching the virus at work.

[Hekate]

22. As Assemblywoman Lorena Gonzales pungently tweeted days ago: "F*ck Elon Musk"

Someone at DU pondered if California government was the problem here. No -- California has given him quite the sweetheart deal up to now, and I hope to hell that is at an end.