The United Auto Workers filed a labor complaint, Wednesday, with the National Relations Board alleging that Tesla intentionally targeted pro-union employees. The auto firm fired between 400 and 700 employees from its labor force at the Fremont assembly plant in early October. Engineering, sales, accounting, and factory staff were all among the employees who were fired.

On Tuesday, former employee Abraham Duarte filed a lawsuit with Alameda County alleging that the auto company failed to give adequate notice for layoffs, according to California law.

That law stipulates that companies must provide 60-day notice before laying off more than 50 employees at once, according to The Verge.

Performance reviews

Tesla said the layoffs were a result of performance reviews, and therefore the company did not need to provide 60 days’ notice. However, UAW said several pro-union employees provided copies of their performance reports that did not indicate any problem areas.

A spokesman for Tesla said the company has no plans to intentionally target pro-union employees. “No one at Tesla has ever or will ever have any action taken against them based on their feelings on unionization,” he said, according to NewsFactor. The spokesman also said roughly 20,000 complaints were filed a year by organizations like UAW “as an organizing tactic.”

In February, Tesla employee Jose Moran publicized complaints against the Fremont factory.

In response, Tesla CEO Elon Musk claimed that Moran had been paid by the UAW to generate opposition to Tesla and support for unionization, according to Automotive News.

SolarCity, which Tesla purchased for $2 billion in November, also announced massive layoffs in recent months. More than 1,200 employees were let go, allegedly also due to performance review.

The company said it would replace the employees and create more jobs at the foundry. More than 2,500 openings are now listed on the company’s website.

Wider complaints

The layoffs have also been accompanied by complaints from factory employees about the work conditions and wages, according to Mercury News. Tesla CEO Elon Musk said the planned Tesla semi-truck would be delayed due to delays with production, joking that employees would go through excessive overtime and “production hell.”

Michael Harley, who edits the Kelley Blue Book, said the layoffs and ramp-up in production indicate the company is attempting to get back on track after interruptions, according to Mercury News.

The company reported a $336 million loss in its second quarter. Tesla is expected to report another earnings loss in its upcoming third quarter report, according to MarketWatch.
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