elon musk

Elon Musk had no business sending Twitter employees an email giving them 24 hours to click “yes” to keep their jobs or else voluntarily resign during his takeover in 2022, an Irish workplace watchdog ruled Monday.

Not only did the email not provide staff with enough notice, the labor court ruled, but also any employee’s failure to click “yes” could in no way constitute a legal act of resignation. Instead, the court reviewed evidence alleging that the email appeared designed to either get employees to agree to new employment terms, sight unseen, or else push employees to volunteer for dismissal during a time of mass layoffs across Twitter.

“Going forward, to build a breakthrough Twitter 2.0 and succeed in an increasingly competitive world, we will need to be extremely hardcore,” Musk wrote in the all-staff email. “This will mean working long hours at high intensity. Only exceptional performance will constitute a passing grade.”

With the subject line, “A Fork in the Road,” the email urged staff, “if you are sure that you want to be part of the new Twitter, please click yes on the link below. Anyone who has not done so by 5pm ET tomorrow (Thursday) will receive three months of severance. Whatever decision you make, thank you for your efforts to make Twitter successful.”

In a 73-page ruling, an adjudication officer for the Irish Workplace Relations Commission (WRC), Michael MacNamee, ruled that Twitter’s abrupt dismissal of an Ireland-based senior executive, Gary Rooney, was unfair, the Irish public service broadcaster RTÉ reported. Rooney had argued that his contract clearly stated that his resignation must be provided in writing, not by refraining to fill out a form.

A spokesperson for the Department of Enterprise, Trade, and Employment, which handles the WRC’s media inquiries, told Ars that the decision will be published on the WRC’s website on August 26 after both parties have “the opportunity to consider it in full.”

Now, instead of paying Rooney the draft severance amount worth a little more than $25,000, Twitter, which is now called X, has to pay Rooney more than $600,000. According to many outlets, this is a record award from the WRC and included about $220,000 “for prospective future loss of earnings.”

The WRC dismissed Rooney’s claim regarding an allegedly owed performance bonus for 2022 but otherwise largely agreed with his arguments on the unfair dismissal.

Rooney had worked for Twitter for nine years prior to Musk’s takeover, telling the WRC that he previously loved his job but had no way of knowing from the “Fork in the Road” email “what package was being offered” or “implications of agreeing to stay working for Twitter.” He hesitated to click yes, not knowing how his benefits or stock options might change, while discussing his decision to potentially leave with other Twitter employees on Slack and claiming he would be leaving on Twitter.

Twitter tried to argue that the Slack discussions and Rooney’s tweets about the email indicated that he intended to resign, but the court disagreed that these were relevant.

“No employee when faced with such a situation could possibly be faulted for refusing to be compelled to give an open-ended unqualified assent to any of the proposals,” MacNamee said.

In total, 35 Twitter staffers didn’t click “yes”

A lot of laid-off employees sued Twitter after Musk’s takeover, and so far, X has seemed to come out ahead. The company has beaten at least one lawsuit while also threatening to claw back money it claims it “overpaid” Australian employees who were laid off. (X says it bungled the conversion from Australian to US dollars.) Rooney’s suit is among the first major victories for laid-off Twitter staffers fighting Musk’s allegedly unfair and penny-pinching severance packages.

X’s senior director of human resources, Lauren Wegman, testified that of the 270 employees in Ireland who received the email, only 35 did not click yes. After this week’s ruling, it seems likely that X may face more complaints from any of those dozens of employees who took the same route Rooney did.

X has not commented on the ruling but is likely disappointed by the loss. The social media company had tried to argue that Rooney’s employment contract “allowed the company to make reasonable changes to its terms and conditions,” RTÉ reported. Wegman had further testified that it was unreasonable for Rooney to believe his pay might change as a result of clicking yes, telling the WRC that his “employment would probably not have ended if he had raised a grievance” within the 24-hour deadline, RTÉ reported.

Rooney’s lawyer, Barry Kenny, told The Guardian that Rooney and his legal team welcomed “the clear and unambiguous finding that my client did not resign from his employment but was unfairly dismissed from his job, notwithstanding his excellent employment record and contribution to the company over the years.”

“It is not okay for Mr. Musk, or indeed any large company to treat employees in such a manner in this country,” Kenny said. “The record award reflects the seriousness and the gravity of the case.”

Twitter will be able to appeal the WRC’s decision, The Journal reported.