Timeline of the Discrimination from IBM China



2008 JuneStressed, Yuan lives in an open ward in Shanghai Mental Health Center.2010Under the supervision of the new HRD of Greater China Group who is a Korean National, Yuan receives a 3 month evaluation on his performance via a 3rd party. If Yuan passes the evaluation, the HR plans to resume his post. However, on the last day of the evaluation, the HRD leaves and IBM again starts refusal and evasion.

Early 2007 Receiving depression treatment at Shanghai Mental Health Center (SMHC)
Jun. 2007 Informing Dept. Director Xie Dong about depression
2007.06.26 Xu Jane, HR Director of Shanghai Branch and Chen Tong, Medicare Director told Yuan to leave duty for treatment and promised a return in at least 2 at most 4 weeks.
Receiving depression treatment at Shanghai Mental Health Center without contacting( or “disturbing”) anyone except EAP.
2007.08.17 Almost cured, with hospital “suggest to work” proof, applying for return.
A week later 1st meet with Xie Weikai, the 1st line manager. Told to resign and forbidden to return, according to “the Company’s decision.”
2007.09.23 Xie Weikai calls “You leave to another department or company, we might have a good ending then, and I won’t write anything. If you return, definitely you will make troubles in months. Then when you got fired, we will write “Yuan made trouble out of his sickness.” in your profile.
2007.10.17 Xie Weikai calls “I guess you have mistaken my words. What I want to say is that you shall leave the company. You might sign the resignation contract, and I won’t write anything. Otherwise, I would dismiss you in 4 or 5 months and I will write something in your leave record that can make you unemployed forever.”, and he also offers the reason of dismissal: “We are not charity. You (even after being cured) can not provide equal productivity still.”
2007.1 Yuan talks with Xu Jane. Xu repeats Xie’s words “euphemismly” and threatens with starting a PIP evaluation and leave records. Xu says to dismiss Yuan in at most 1 month if Yuan refuses to sign the contract. Yuan responds involved managers with “Refuse to sign, willing to accept PIP testing.”, but receives no further replies.
Shanghai HR claims she has no administrative power over Xie Weikai and cannot conduct enforcements. Yuan contacts Xie Dong, but receives no reply.
2007.10.25 Xu Jane requires a new proof due to the “obscure wording” of the 1st one. Yuan asks about “wordings required”, but receives no reply.
2007.10.26 Yuan gets a 2nd proof at SMHC and demands to go back to work but receives no reply on the proof.
Yuan and his mother constant telephone and message HRs and managers but receives no reply, with no one answering them at last.
2007.11.20 Yuan learns from one HR that Yuan are entitled to consult the company’s lawyer, according to company regulations and that he shall contact Ma Hong, the lawyer. Yuan also learns the contacts of Ma.
2007.11.20 Yuan consults Ma about the validity of the proof and how to back to work according to law.
Xu Jane accuses the HR of offering Ma’s contact.
2007.11.23 Ma Hong offers no direct response to any questions but says he has reported the case to Xu Jane. No response from Xu or Ma afterwards.
2007.11.28 Yuan meets dept. HR. Despite Xu Jane’s “instructions”, Yuan continues to claim that his sick leave lasts only 1.5 months.
2007.12.01 Yuan finds huge deductions on salaries and writes to Xie Dong and Xu Jane. No response. Yuan also cannot apply for re-imbursement because he is forbidden to enter office.
2007.12.03 Yuan receives the payroll from HR and finds a deduction of around 7,000 due to “sundries”.
2007.12.06 Yuan learns from Shanghai HR that on salary, he shall appeal to the 1st-line ( Xie Weikai ) and second line ( Xie Dong ) managers first and then Shanghai HR ( Xu Jane ). Yuan tells them the urgency because his housing lease has expired and need to pay for the medicine fee in that order, but receives no reply.
2007.12.06 He learns from the HR in charge of salary that Yuan has been silently put in “sick leave” state since Jun. 26th, and his salaries in Oct. and Nov. are deducted in Nov.
2007.12.06 He learns from the HR in charge of salary that he can only turn to the manager in charge of him to cancel the “sick leave” status. Since Yuan’s ID in the internal network has been suspended, he sends mails to Xie Weikai, Xie Dong and Xu Jane on that issue, but receives no response.
2007.12.09 Yuan sends his patent drafts to company, and has learnt German in the previous months, which is in need by the dept. Yuan has had full capacity to continue working.
2007.12.17 The HR in charge of salary asks whether to cancel the sick leave status. If not, the salary would only be 60% of the normal. Yuan forwarded the mail to Xie Dong, Xie Weikai and Xu Jane immediately, but receives no response.
2007.12 Yuan’s mental health deteriorates.
2007.12.24 Yuan starts to lose faith in life due to lack of medicine because of salary deductions and long-term loneliness. Yuan informs Chen Tong, the Medicare Director about the critical condition. Only then do those who have been ignoring Yuan start a meeting, informing Yuan “Medicare can be reimbursed at Rui’an Plaza,but nothing can be done about the salaries.”
2007.12.27 The company takes Yuan to a hospital whose name Yuan hasn’t been told in advance (Yangpu Mental Health Center), and receives a proof saying “Having Cognitive capability”. The company calls it benevolence, but later learns that all it needs is “cognitive.” No more responses again after the proof has been issued.
2008.01.07
~2008.01.08
Yuan’s condition continues to deteriorate and starts to send mails asking for help and showing desperation. Some mails are also sent to other managers within the dept. However, no other responses come except a few caring messages from those who haven’t heard about his story before.
2008.01.08 Yuan collapses totally, sending text and mails to Xie Dong and Xu Jane saying “I will sign and then commits suicide.” Xu Jane, who has been giving no response for a long time telephones in a few minutes that Yuan come to sign the contract and there will be multiple “solutions” available.
2008.01.11 Yuan gets to the appointments. Xu Jane and Xie Dong shows the resignation contract “with approval from both sides” and said if Yuan did not agree, the company will dismiss him in 3 days for sending mails in the recent 10 days. After Yuan expresses that he will not sign the contract, Grace Kuo, HR Director of Greater China Group also gives a threatening call in that afternoon. Hu Jessie, HR Director of China sends an email after.
2008.01.11 evening Yuan takes 40 pills of clonazepam “as promised”, and is sent to Shuguang Hospital by passerby for emergency treatment several hours later.
2008.01.12 Xu Jane and colleagues send Yuan to an enclosed ward of Luwan Mental Health Center and Yuan is diagnosed with depression relapse
2008 before China’s New Year Yuan’s family gets Yuan back to home.
2008.02.20 China HR Director Hu Jessie tells Yuan’s father, mother and himself that “The company’s decision can not be changed” despite obvious wrong doings.
2008.02.27 The company issues unilateral termination of labor agreement, saying “Yuan violates company regulations multiple times, disrupts the company’s order and refuses to change despite several dept. managers’ helps.”. However, Yuan hasn’t been allowed into the office for nearly 1 year and got no responses from any managers. Where are the “helps”?
Added by volunteers from now on based on Yuan’s recalling and documents
2008 May Yuan files his law suit in Pudong People’s Court in Shanghai.
2008 18, June The court verdict that IBM has lost the case and shall return the deducted salaries and resume Yuan’s post at once.
IBM rejects carrying out the verdict. Hu Jessie sends a mail saying “Yuan’s dept. no longer exists in the IBM”, attempting to terminate the labor contract again.
During call meetings, Xie Dong does not explain how could his department not existed in IBM China any longer. Grace Kuo threatens Yuan with letting him never find a job in China again.
IBM ignores the criticism from experts and medias on its arrangement, though “it is indeed discriminatory.”
2008 August Due to the Olympics, the State orders all open wards enclosed.
During this period, Yuan suffers from multiple times of old-school electric shock treatment without any anesthesia. Electric shocks leads to Yuan’s loss of memory and huge psychological harms.
According to Yuan, he develops a fear of hospitals and a distrust in doctors.
2008 October Family goes to Shanghai to take care of Yuan and protect his rights during his one year of memory loss.
2008 October IBM “dismisses” Yuan again while he never allowed back to work according to the court order, saying Yuan’s dept. has no longer existed and that “no agreement has been reached between the two sides.”
2009 August Securities from IBM China HQ surprise Yuan’s parents on the lane to HQ building. Bound and threw them for 3 times, with witnesses taking photographs. After knowing that, Yuan sends aggressive emails to D.C Chien, Hu Jessie and Xie Dong. D.C Chien then replies a letter expressing the wish to offer helps
2010 December The new HRD Blair Gillette writes to Yuan that IBM will no longer talk to his family, and delegate the issue to a law firm, namely Jun He Law Firm.
Yuan’s parents wait at the gate of Beijing IBM, hoping for a chance of face to face talk with D.C Chien and Xie Dong.
2011 16, June IBM starts its 100th anniversary celebration and live air the celebration which starts at 14:30 via microblog. All leadership including D.C Chien, the President and Zhou Yi, the Vice President in charge of PR and with a microblog account and many social celebrities are invited.
Yuan Yipeng takes a jar of sleeping pills in Shanghai and attempts to drown himself in Huangpu River. He is later saved by the police and sent to Huangpu People’s Hospital for emergency treatment.
At 11:00 that day, Yuan’s mother is forced into a van and taken to a yard of an Internet café in Dongbeiwang by IBM employees and other guys. She is detained until nearly 19:00 when those people are informed that the celebration party is over. During the 8 hour illegal detention, she is restricted on communication. Two Security HRs are taking part in the kidnap. One of them is on the vain. Both are included in the HR team. One lawyer from Jun He Law Firm also gets on the van, and tried to threatens Yuan’s mother to sign a contract.
On that noon, a security guard robs Yuan’s father of his protest posters. Yuan’s father calls the police in Shangdi and the police hosts the negotiation between Yuan’s father and the security guard in the police station.
Yuan’s parents meet at the street corner near the Shangdi Police Station at 19:00 that day.
Later, they receive a call that Yuan has committed suicide in Shanghai.
Yuan’s mother fails to buy train tickets on that day, but returns to Shanghai on 17th morning. She arrives in Shanghai in the afternoon and gets Yuan back from Huangpu People’s Hospital to Yuan’s rented house. Yuan’s father remains in Beijing
Yuan’s lung is saturated with water and infected. He leaves hospital after treatment and rests at home, but remains pessimistic.
2011 June Yuan’s parents report the illegal detention on Jun. 16th to Shangdi Police Station. Police confirms IBM staff are on the car but can only “provide proving materials after one by one interrogation” and “it takes time”
Security guards of the building say they happen to be unable to find the monitor video on that day and “They have considered everything you might have considered.” But netizens’ photos, car plate numbers, screenshots of microblogs of IBM staff, and eye witnesses can serve as proof.
Until now IBM China 1) Set a trap for Yuan’s mother, and tried to forge a scene that she was an intruder to IBM’s buildings while they had never allowed her to approach the buildings in before even during the heavy snow, or when Samuel Palmisano and Jon Iwata visit China HQ in May to celebrite the centennial 2) Used the Internet ( paid ?) posters to attack Yuan through Yuan’s privacy which should be ” IBM Confidential” on microblog, like what they did 3 years ago after the court, until one media exposed it
IBM China starts delivering materials to media in order to get D.C Chien away. And refused to respond to any other media inquires. They starts to use its influence to suppress or block the medias
Legal systems are passing the buck to each other without any excuse presented. Yuan even does not know whether they registered the case or not
Yuan is told by one psyphologist that beside a relapsed depression, he also got PTSD from 3 years ago
After this, Yuan’s mother gets stroke, and has been one-side paralysis in the bed

 

Hu Jessie (胡劲松): IBM China HR Director
Xie Dong (谢东): Former IBM Department Director, now CSTL Director, Cloud Storage
Xu Jane (许羽): Former IBM Shanghai HR Director
Xie Weikai (谢伟凯): Former IBM Manager, now Deputy Director

 

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About Yuan Yi Peng (袁毅鹏)

An abandoned IBMer for his Depression
This entry was posted in Discrimination from IBM China and tagged , , , , , , , . Bookmark the permalink.

One Response to Timeline of the Discrimination from IBM China

  1. DA says:

    IBM’s attitude is shameful.
    Best wishes and prayers for Yuan.

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