A Chinese man was dismissed from his job for an unusual reason. While on sick leave, his employer fired him. The company claimed to have evidence because of data from a fitness app owned by the man. The case, which started in 2019, is now getting publicity. The case raises significant privacy issues for employees.
The Employee, identified by the last name of Chen, began the lawsuit against a company in Jiangsu province where he was employed. He received a back injury at work and during that time, he experienced considerable pain. He used paid medical leave twice for treatment. Chen provided all requested medical documentation.
After a month, he returned to work. Shortly after he began experiencing leg and back pain again. A physician examined him and recommended an additional week of treatment. The physician provided an appropriate sick leave letter. Chen’s company would not grant him leave after the examination.
The company removed Chen from his employment. They established a pretend case of termination for Chen’s claimed sick leave. Chen chose to sue the company, and the suit continued in court.
The Company provided in court strange evidence of Chen’s purported fake illness. Chen’s company introduced data from Chen’s fitness app, which was personal data.
This evidence showed Chen walking over 16,000 steps while claiming to be sick from work. The employer received chat logs and video from surveillance. They contended the evidence proved he was not really sick.
Chen defended his actions vigorously. He produced legitimate medical documentation of being sick, and while it did not prevent him from being able to walk slow, it hindered him from being able to walk fast. Chen accused the employer of violating his privacy. He argued that it is illegal to utilize data from personal apps.
The Court reviewed the latest evidence carefully. The Court ruled in favor of the employee. The judge stated the action of termination was unlawful. The employer could not utilize data from a private app. The judge ordered the employer to pay damages.
The employer appealed the decision of the Court. The employer argued that Chen had mislead them about his illness. The appellate court heard the case again. The court upheld the trial court fully. The court again ruled the employer violated Chen’s privacy rights.
The long battle for Chen to be made whole was done. The employer had to compensate Chen throughout the process. This case creates meaningful legal precedent to protect employees from this type of invasion in the future.
This story is a warning for all employees. Be cautious about sharing personal data with employers. Your private fitness information could be used against you. Understand your rights regarding digital privacy at work.
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