Twitter workers, many of whom I represent, were FINALLY given their "severance agreements" on Saturday.
They are really settlement agreements which SILENCE WORKERS FOR LIFE and and require them to give up important legal rights.
Let's discuss. 1/
First, any worker who wants to bring a claim, for Twitter's broken promises, discrimination, fraud etc. (the claims we are filing), SIGNS AWAY THE RIGHT TO SUE FOREVER under this agreement.
No lawsuit, no arbitration if you sign.
So it's really a settlement agreement. 2/
Under this agreement workers promise not to provide assistance or cooperation to ANYONE with a dispute against Twitter.
If you were a victim of age discrimination, e.g., and are willing to provide truthful info to another victim -- you CAN'T if you sign. Ever. For life.
3/
Attorneys like me for employees are often out there begging folks to just give us truthful information to help our underdog clients. This restriction will severely hamper efforts for workers to get justice against Twitter.
Why is this company so afraid of the truth?
4/
At the same time, workers who sign Twitter's severance agreement promise to assist Twitter in any lawsuit or investigation.
So workers can help Twitter, but not their former colleagues. Again, for LIFE.
Elon Musk, free speech guy, allows workers to speak only to one side.
5/
And the coup de grace: Twitter workers who sign the agreement promise nondisparagement: they may not say anything negative about Twitter, nor its management, nor Elon.
EVER.
FOR LIFE.
No wonder so many folks are reaching out to me about rejecting this and filing claims.
6/
Every worker can decide what's best for them, but many are rejecting these obnoxious terms.
Good summary of what's happening here.
My DMs are open. We are happy to talk to tweeps for free and confidentially, and have an informational Zoom 2pm PT today.
Employees stayed on during the tumultuous April - October "Elon is buying Twitter" "Elon is not buying Twitter" chaos, based on this promise from both HR and Elon.
The federal National Labor Relations Act prohibits retaliation against groups of employees working together in in a concerted action seeking better employment conditions.
Here’s how this could work for Twitter workers facing “opt in or be fired” choice today.
Twitter employees can opt in to Musk’s “bend the knee” mandate to hold onto their jobs.
Then a small brave group could approach management and state that while everyone is willing to work hard and strive for excellence, they oppose the mandate of “long hours at high intensity.”
Requests like this are always best done respectful and in writing so it’s clear later exactly what was said.
While NRLA generally protects union organizing activities, it also protects nonunion workers simply working together (must be 2 or more) for better working conditions.
Let’s talk about the legal problems Elon just created for himself with this cruel new staff email.
You’re fired if you don’t commit to long hours at high intensity within 24 hours?
Let’s start with disabled workers.
Under federal and state laws, those with physical or mental disabilities are entitled to reasonable accommodations by their employers. For many, this would include working reasonable hours.
@elonmusk are you planning a mass layoff of your remaining disabled workers?
Next, childcare still overwhelmingly disproportionately impacts female workers, for whom working long hours on a regular basis is often just a hard no.
Having investigated #TwitterLayoffs with dozens of tweeps now, let's talk about important employee rights under Elon's "merger" agreement (the one he tried to wriggle out of, and couldn't.)
His promises there are important and legally enforceable by laid off folks. Here's why.
Part of what Elon promises when buying Twitter was that workers laid off post-Elon would get no worse compensation and benefits than workers laid off pre-Elon.
Read it for yourself. (Or just believe me, I read boring fine print for a living.)
Hey Twitter employees getting laid off tomorrow! IMPORTANT INFO from a CA employment attorney (me):
CA's "WARN" law requires Twitter to give you 60 days notice of a massive layoff.
A layoff of 50+ employees within a 30 day period qualifies.
I know you didn't get that notice.
This WARN law applies to all California employers of 75+ employees, which obviously includes Twitter with its thousands of employees.
Purpose of the law is to give laid off employees time to figure out how to handle this disruption.
And Elon completely ignores it.
Employers like Twitter who violate the WARN Act face civil penalties of $500/day for each violation. With thousands of employees, this could be significant, though maybe not to Elon.
Reading the judge's 46 page decision rejecting Prince Andrew's attempt to throw out Virginia Giuffre's case now.
A detailed, well reasoned decision.
Noteworthy: Judge Kaplan is keenly aware "the lay public" will be reading this, so he takes pains to spell out the law clearly.
As Judge Kaplan says, his obligation now is to assume all of Virginia's facts in her complaint are true -- though later the jury will decide those facts. For now, the only question is whether Prince Andrew had grounds to get her case dismissed.
Decision: nope, he does not.
Judge points out that Ghislaine Maxwell's recent conviction in the same judicial district, SDNY, bolsters Virginia's claim.