Hacker Newsnew | past | comments | ask | show | jobs | submitlogin

The stunning thing is that he didn't consult a proper lawyer that would have told him how to avoid the lawsuit.


I think he did in this case. From a comment by Emedchill near the top of the comments:

According to a leak to Business Insider[0], they are still "employed" but are not allowed to work. [0] https://www.businessinsider.com/read-blunt-email-telling-twi...

So it seems they are still being paid and get their benefits until Feb 2th


Tesla got hit for the same thing recently- probably he knew and just didn't care.


Or maybe he did, and decided that getting them out the door now was worth the potential costs from the lawsuit?

If, as some others have said, he's actually paying them for the 60 days, I don't think a judge or jury is going to be very sympathetic.

"So, your boss basically told you to take 60 days off with pay?"


> he didn't consult a proper lawyer

Do you have any evidence for this?


I run an HR department, albeit not for one as large as twitter. I have done layoffs. I always consulted a lawyer and it never triggered lawsuits. There are layoffs all the time at large companies that don't trigger lawsuits.

Either he consulted a terrible lawyer or none at all.


> Either he consulted a terrible lawyer or none at all.

I disagree.

He got bit by lawsuits over a previous mass layoff at Tesla. The lawyers who filed this lawsuit were the same lawyers involved in the previous one. Links pointing to the previous case:

https://news.ycombinator.com/item?id=33469900

I think that Musk learned from that, and reading the email employees received today, I think the lawsuit will be thrown out.

https://www.businessinsider.com/read-blunt-email-telling-twi...

On first sight, the mass layoffs appear to violate both California & Federal WARN Act notifications.

After reading the email, it appears that they are getting 3 months of "gardening leave" instead paychecks getting cut off at end of day.

> An employer who violates WARN provisions is liable to each employee for an amount equal to back pay and benefits for the period of the violation, up to 60 days.

https://en.wikipedia.org/wiki/Worker_Adjustment_and_Retraini...

Europe has different labor laws. I know enough about them to know that I don't know enough to have an opinion on what might happen over there.


The existence of a lawsuit can't be used to judge the legality of the layoffs. Only the ruling can. It's possible (although a bit more unlikely) that the person filing the lawsuit is a terrible lawyer.

Making factual statements/judgements seems misguided, at this point, in my IANAL opinion.


The lawyers filing this lawsuit were the same lawyers in the previous lawsuit over WARN Act violations.

https://news.ycombinator.com/item?id=33469900


I imagine his lawyers are much the same as Trump's - desperately going "Look, you just can't do that!", making sure their objections are written down just in case, and knowing full well he's going to do whatever anyway.




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: