员工脚痛请假，因步数超1.6万被开除？判了

据苏州市中级人民法院近日披露，一男子因腰痛、脚痛多次请病假，公司却发现其脚痛当天运动步数超1.6万，怀疑其“泡病假”，以旷工为由将他开除，双方因此闹上法庭。

A man in Jiangsu province has won a legal battle against his employer after being fired for allegedly "faking sick leave", when company managers found he had logged over 16,000 steps on the day he claimed foot pain.

小陈是江苏某公司的工人。2019年2月22日，他在上班时不慎扭伤腰部，当天工作结束后，他立刻前往医院进行诊治。

According to a recent disclosure from the Suzhou intermediate people's court, the man, surnamed Chen, worked at a local company and first injured his back on Feb 22, 2019, while on the job. He sought medical treatment immediately after work that day.

3月18日，小陈返岗，中午又称脚痛，向生产经理请病假，后至医院就诊。由于脚部持续疼痛，小陈连续多日申请病假。4月3日，公司向小陈发送了开除通知，通知中将“故意以病假为由骗取休假而旷工”列为辞退理由之一，双方因此闹上法庭。

Chen returned to work on March 18 but reported foot pain at noon and requested sick leave. He continued to seek medical care and took several days off due to persistent pain. On April 3, the company issued a termination notice, accusing Chen of "fraudulently using sick leave to skip work" and classifying his absence as absenteeism.

absenteeism /ˌæbsənˈtiːɪzəm/ 旷工

公司提供了2019年3月18日的厂区门口监控视频和当日微信运动记录。视频显示：当日7点52分小陈跑步进入厂区；微信运动记录显示小陈在当日18点55分总计步数为16949步。据此，公司主张小陈右脚正常，不存在生病的事实。

To support its claim, the company presented surveillance footage showing Chen jogging into the factory at 7:52 am on March 18 and WeChat fitness data indicating that he had taken 16,949 steps that day. The company argued that this proved Chen's foot was not injured.

一审法院审理认为，小陈因腰痛、右脚痛等就诊并休息是事实；影响微信运动步数的因素有很多，因此公司认定小陈属旷工依据不足。故公司属违法解除，应支付赔偿金118779元。公司不服，提出上诉，二审法院驳回上诉，维持原判。

The court, however, found the evidence insufficient. The first-instance ruling noted that Chen's medical records confirmed he had sought treatment for back and foot pain, and that multiple factors could affect a person's step count on WeChat. The court concluded that the company had no solid basis to determine Chen was absent without justification and ruled the dismissal unlawful.

The company was ordered to pay Chen 118,779 yuan (approximately $16,000) in compensation. The company filed an appeal, but the appellate court rejected it and upheld the original verdict.

编辑：左卓

实习生：孙艺菡

来源：南方都市报

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