Shortly after it was revealed that Tesla had resumed operations at its factory in Fremont, California, NBC has spoken to a handful of employees who claim they feel pressured to return to work.
One such employee is 25-year-old Jessica Naro. She works the night shift at the plant and was told she would need to report back to work on Wednesday. Her first thought was that doing so wasn’t safe, particularly due to concerns that she could be exposed to the virus and pass it on to her 6-year-old who has a condition that could have serious complications if he contracts Covid-19.
In a recent email sent to employees, Elon Musk said that if workers “feel uncomfortable coming back to work at this time, [they shouldn’t feel] obligated to do so.”
However, Naro says that her supervisor told her over the phone that if she chose not to return to work, she could be terminated. In a subsequent email, there was no mention of possible termination, but she was told she would no longer be eligible for unemployment insurance and could use unpaid leave without being penalized if she decided not to return.
36-year-old Carlos Gabriel claims to be in a similar position. While assured that he won’t lose his job for not returning to the plant, Gabriel said he will be taken off furlough status.
“I don’t think that’s a choice for me. I find my life to be a little more valuable,” Gabriel said. “You’re asking me to liberate myself from my home to go and risk my life? You call that freedom?”
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Another worker has told NBC News that he was called last week and told he’d be taken off furlough status if he didn’t agree to return to work on Monday. He chose not to.
University of California, Berkeley law professor Catherine Fisk says employees are protected from retaliation, including firing, if they refuse to perform an unlawful act. If Alameda County, where the Tesla factory is located, prohibits the automaker from resuming operations, employees can lawfully refuse to work.
“The problem for the workers is that it’s one thing to have a viable claim for an unlawful firing, and it’s another thing to have a job,” Fisk said. “Having a possible lawsuit does not pay the rent or put food on the table. And Tesla knows that. So the threat is very likely to intimidate some workers to force them to work.”
It remains unclear if Tesla employees will be allowed to refuse to return to work as Alameda County recently said it will allow the company to resume operations at the plant.
