By Chris Villani

Law360 (June 4, 2020, 12:27 PM EDT) -- A Massachusetts engineer with high blood pressure who lives with his 81-year-old mother was fired because his company wanted to "make an example" out of his refusal to work from the office during the COVID-19 pandemic, according to a suit filed Wednesday in federal court.

Yiyu Lin, 55, said he had worked for Medway, Massachusetts-based CGIT Systems Inc. since 2005 as a senior engineer. When the pandemic erupted in the state and Gov. Charlie Baker announced the closure of nonessential businesses in March, Lin began working from home, the suit says.

Despite showing that he could perform his usual duties for the company — which specializes in galvanizing, welding solutions, specialty electrical equipment and highly engineered services — while working remotely, he was told by his bosses to come back to the office in late March, according to the complaint. When he "pushed back," Lin says he was fired for "job abandonment."

"Plaintiff's manager stated to other employees of defendant that he 'needed to make an example' of plaintiff and that defendant wouldn't permit people to take sick or vacation time because they were concerned about coming in to work in defendant's office location due to COVID-19," the complaint states.

Lin says the company consistently downplayed the impact of the novel coronavirus, with a human resources manager at one point telling employees in an email that the virus is "not a superbug" and that a vaccine would be developed and "life will go on."

He was able to delay going into the office by taking a floating holiday in late March, but his request to work from home was denied. When Lin first requested the holiday, his boss replied, "Are you kidding me?" according to the suit.

The HR director predicted Lin would be gone by March 31, the day he was let go, and said he was "helping us document his termination," the complaint states.

Lin says he was justifiably worried about catching the virus in the workplace and possibly passing it along to his elderly mother, who has heart disease, a pacemaker, high blood pressure and diabetes.

"On March 28, 2020, an employee of defendant reported that their significant other and two roommates tested positive for COVID-19," the complaint alleges. "Defendant did not do anything to address this or take extra cleaning and disinfection steps."

On April 1, five employees were out sick and on April 2, the wife of an employee tested positive for COVID-19, according to the suit.

"The following day, an employee of defendant tested positive for COVID-19," the complaint states. "April 3, 2020, all employees of defendant were told to work from home immediately until at least April 7, 2020. Even though he was terminated only 3 days before, plaintiff was not contacted by defendant concerning his job, reconsideration of his telecommute request or rescinding his termination."

Massachusetts, one of the states hardest hit by the pandemic, kept nonessential businesses closed until May 18, when select industries and offices were allowed to reopen with restrictions in place in the first of a four-phase reopening plan.

More than 101,000 cases have been confirmed in the state and, as of Wednesday, 7,152 deaths had been reported.

Lin's attorney declined to comment. A call to CGIT Systems was not immediately returned.

Lin is represented by Mark D. Szal of Szal Law Group LLC.

Counsel information for CGIT Systems was not available.

The case is Lin v. CGIT Systems Inc., case number 1:20-cv-11051, in U.S. District Court for the District of Massachusetts.

--Editing by Marygrace Murphy.

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