Bathroom Breaks Spark Wrongful Termination Lawsuit and Major Payout

A Chinese engineer lost his job for taking long bathroom breaks. The man, surnamed Li, sued his former employer for wrongful termination. He sought over 320,000 yuan in compensation from the company. The case was heard in a Chinese court and concluded with a surprising settlement.

According to the South China Morning Post, the company fired Li in 2024. They presented surveillance footage showing his frequent and prolonged absences. The longest break reportedly lasted four hours. This case highlights growing tensions over workplace monitoring and employee rights.

Company Defends Dismissal Citing Strict Absence Policy

Li had worked for the company since 2010. His role required him to be on standby for urgent messages. Supervisors grew concerned when he was repeatedly absent from his desk. They tried contacting him via a company chat app but got no response.

The firm defended its decision in court. Company policy stated that leaving a post without permission counted as an absence. Three days of absence within 180 days could lead to immediate dismissal. The company also stated it obtained consent from its labor union before terminating Li’s contract.

Court Mediates Settlement After Medical Evidence Disputed

Li argued his breaks were medically necessary. He submitted records showing purchases of haemorrhoid medication. He also provided documents from a hospital surgery that occurred months after the incidents.

The court was not fully convinced by this evidence. It noted the breaks “greatly exceeded” normal physical needs. Judges also pointed out the medical proof came after most bathroom visits occurred. Crucially, Li had not informed his employer or applied for sick leave in advance as his contract required.

The court ultimately mediated a settlement. Considering Li’s long service and the hardship of job loss, the company agreed to pay him 30,000 yuan. This outcome provides a compromise but leaves broader questions about privacy and health accommodations unresolved.

This wrongful termination lawsuit underscores the delicate balance between company policy and employee wellbeing. The mediated settlement shows courts seeking pragmatic resolutions in complex workplace disputes.

Info at your fingertips

Why was the employee fired?

The employee, Li, was terminated for taking excessively long and frequent bathroom breaks. His company presented surveillance footage showing he was away from his workstation for hours, which violated their absence policy.

What was the employee’s defense in court?

Li argued he had a medical condition requiring prolonged bathroom use. He submitted evidence of haemorrhoid medication purchases and later surgery documents to support his claim of a health issue.

Did the court rule in the employee’s favor?

The court did not fully accept his defense, noting the medical evidence was dated after the incidents. However, it mediated a settlement where the company paid Li 30,000 yuan, considering his long service and the difficulties of sudden unemployment.

Is this the first such case in China?

No. According to reports, a similar 2023 case in Jiangsu saw a worker dismissed for six-hour bathroom breaks. Courts have historically upheld company policies on workplace presence in several such rulings.

What was the key reason the company’s termination was upheld?

The company followed its internal rules and gained labor union consent. Crucially, the employee failed to formally notify them of a medical condition or request sick leave beforehand, as required by his contract.