severance

praise-kier-for-severance-season-2!-let’s-discuss.

Praise Kier for Severance season 2! Let’s discuss.


Marching bands? Mammalian Nurturables? An ORTBO? Yup, Severance stays weird.

Severance has just wrapped up its second season. I sat down with fellow Ars staffers Aaron Zimmerman and Lee Hutchinson to talk through what we had just seen, covering everything from those goats to the show’s pacing. Warning: Huge spoilers for seasons 1 and 2 follow!

Nate: Severance season 1 was a smaller-scale, almost claustrophobic show about a crazy office, its “waffle parties,” and the personal life of Mark Scout, mourning his dead wife and “severing” his consciousness to avoid that pain. It followed a compact group of characters, centered around the four “refiners” who worked on Lumon’s severed floor. But season 2 blew up that cozy/creepy world and started following more characters—including far more “outies”—to far more places. Did the show manage to maintain its unique vibe while making significant changes to pacing, character count, and location?

Lee: I think so, but as you say, things were different this time around. One element that I’m glad carried through was the show’s consistent use of a very specific visual language. (I am an absolute sucker for visual storytelling. My favorite Kubrick film is Barry Lyndon. I’ll forgive a lot of plot holes if they’re beautifully shot.) Season 2, especially in the back half, treats us to an absolute smorgasbord of incredible visuals—bifurcated shots symbolizing severance and duality, stark whites and long hallways, and my personal favorite: Chris Walken in a black turtleneck seated in front of a fireplace, like Satan holding court in Hell. The storytelling might be a bit less focused, but it looks great.

Image of Christopher Walken being Christopher Walken.

So many visual metaphors in one frame.

Credit: AppleTV+

So many visual metaphors in one frame. Credit: AppleTV+

Aaron: I think it succeeded overall, with caveats. The most prominent thing lost in the transition was the tight pacing of the first season; while season 2 started and ended strong, the middle meandered quite a bit, and I’d say the overall pacing felt pretty off. Doing two late-season “side quest” episodes (Gemma/Mark and Cobel backstories) was a bit of a drag. But I agree with Lee—Severance was more about vibes than narrative focus this season.

Nate: The “side quests” were vocally disliked by a subsection of the show’s fandom, and it certainly is an unusual choice to do two episodes in a row that essentially leave all your main characters to the side. But I don’t think these were really outliers. This is a season, for instance, that opened with a show about the innies—and then covered the exact same ground in episode two from the outies’ perspective. It also sent the whole cast off on a bizarre “ORTBO” that took an entire episode and spent a lot of time talking about Kier’s masturbating, and possibly manufactured, twin. (!)

Still, the “side quest” episodes stood out even among all this experimentation with pace and flow. But I think the label “side quest” can be a misnomer. The episode showing us the Gemma/Mark backstory not only brought the show’s main character into focus, it revealed what was happening to Gemma and gave many new hints about what Lumon was up to. In other words—it was about Big Stuff.

Image the four MDR refiners on ORTBO

Even when we’re outside, the show sticks to a palette of black and white and cold. Winter is almost as much of a character in Severance as our four refiners are.

Credit: AppleTV+

Even when we’re outside, the show sticks to a palette of black and white and cold. Winter is almost as much of a character in Severance as our four refiners are. Credit: AppleTV+

The episode featuring Cobel, in contrast, found time for long, lingering drone shots of the sea, long takes of Cobel lying in bed, and long views of rural despair… and all to find a notebook. To me, this seemed much more like an actual “side quest” that could have been an interwoven B plot in a more normal episode.

Lee: The “side quest” I didn’t all mind was episode 7, “Chikhai Bardo,” directed by the show’s cinematographer Jessica Lee Gagné. The tale of Mark and Gemma’s relationship—a tale begun while donating blood using Lumon-branded equipment, with the symbolism of Lumon as a blood-hungry faceless machine being almost disturbingly on-the-nose—was masterfully told. I wasn’t as much of a fan of the three episodes after that, but I think that’s just because episode 7 was just so well done. I like TV that makes me feel things, and that one succeeded.

Aaron: Completely agree. I love the Gemma/Mark episode, but I was very disappointed with the Cobel episode (it doesn’t help that I dislike her as a character generally, and the whole “Cobel invented severance!” thing seemed a bit convenient and unearned to me). I think part of the issue for me was that the core innie crew and the hijinks they got up to in season 1 felt like the beating heart of the show, so even though the story had to move on at some point (and it’s not going back—half the innies can’t even be innies anymore), I started to miss what made me fall in love with the show.

Image of Patricia Arquette as Harmony Cobel.

Harmony Cobel comes home to the ether factory.

Credit: AppleTV+

Harmony Cobel comes home to the ether factory. Credit: AppleTV+

Lee: I get the narrative motivation behind Cobel having invented the severance chip (along with every line of code and every function, as she tells us), but yeah, that was the first time the show threw something at me that I really did not like. I see how this lets the story move Cobel into a helper role with Mark’s reintegration, but, yeah, ugh, that particular development felt tremendously unearned, as you say. I love the character, but that one prodded my suspension of disbelief pretty damn hard.

Speaking of Mark’s reintegration—I was so excited when episode three (“Who is Alive?”) ended with Mark’s outie slamming down on the Lumon conference room table. Surely now after two catch-up episodes, I thought, we’d get this storyline moving! Having the next episode (“Woe’s Hollow”) focusing on the ORTBO and Kier’s (possibly fictional) twin was a little cheap, even though it was a great episode. But where I started to get really annoyed was when we slide into episode five (“Trojan’s Horse”) with Mark’s reintegration apparently stalled. It seems like from then to the end of the season, reintegration proceeded in fits and starts, at the speed of plot rather than in any kind of ordered fashion.

It was one of the few times where I felt like my time was being wasted by the showrunners. And I don’t like that feeling. That feels like Lost.

Image of Mark on the table.

Kind of wish they’d gone a little harder here.

Credit: AppleTV+

Kind of wish they’d gone a little harder here. Credit: AppleTV+

Aaron: Yes! Mark’s reintegration was handled pretty poorly, I think. Like you said, it was exciting to see the show go there so early… but it didn’t really make much difference for the rest of the season. It makes sense that reintegration would take time—and we do see flashes of it happening throughout the season—but it felt like the show was gearing up for some wild Petey-level reintegration stuff that just never came. Presumably that’s for season 3, but the reintegration stuff was just another example of what felt like the show spinning its wheels a bit. And like you said, Lee, when it feels like a show isn’t quite sure what to do with the many mysteries it introduces week after week, I start to think about Lost, and not in a good way.

The slow-rolled reintegration stuff was essential for the finale, though. Both seasons seemed to bank pretty hard on a “slow buildup to an explosive finale” setup, which felt a little frustrating this season (season 1’s finale is one of my favorite TV show episodes of all time).

But I think the finale worked. Just scene after scene of instantly iconic moments. The scene of innie and outtie Mark negotiating through a camcorder in that weird maternity cabin was brilliant. And while my initial reaction to Mark’s decision at the end was anger, I really should have seen it coming—outtie Mark could not have been more patronizing in the camcorder conversation. I guess I, like outtie Mark, saw innie Mark as being somewhat lesser than.

What did you guys think of the finale?

Nate: A solid effort, but one that absolutely did not reach the heights of season 1. It was at its best when characters and events from the season played critical moments—such as the altercation between Drummond, Mark, and Feral Goat Lady, or the actual (finally!) discovery of the elevator to the Testing Floor.

But the finale also felt quite strange or unbalanced in other ways. Ricken doesn’t make an appearance, despite the hint that he was willing to retool his book (pivotal in season 1) for the Lumon innies. Burt doesn’t show up. Irving is gone. So is Reghabi. Miss Huang was summarily dismissed without having much of a story arc. So the finale failed to “gather up all its threads” in the way it did during season one.

And then there was that huge marching band, which ups the number of severed employees we know about by a factor of 50x—and all so they could celebrate the achievements of an innie (Mark S.) who is going to be dismissed and whose wife is apparently going to be killed. This seemed… fairly improbable, even for Lumon. On the other hand, this is a company/cult with an underground sacrificial goat farm, so what do I know about “probability”? Speaking of which, how do we feel about the Goat Revelations ™?

Image of Emile the Goat.

This is Emile, and he must be protected at all costs.

Credit: AppleTV+

This is Emile, and he must be protected at all costs. Credit: AppleTV+

Lee: I’m still not entirely sure what the goat revelations were. They were being raised in order to be crammed into coffins and sacrificed when… things happen? Poor little Emile was going to ride to the afterlife with Gemma, apparently, but, like… why? Is it simply part of a specifically creepy Lumontology ritual? Emile’s little casket had all kinds of symbology engraved on it, and we know goats (or at least “the ram”) symbolizes Malice in Kier’s four tempers, but I’m still really not getting this one.

Aaron: Yeah, you kind of had to hand-wave a lot of the stuff in the finale. The goats just being sacrificial animals made me laugh—“OK, I guess it wasn’t that deep.” But it could be that we don’t really know their actual purpose yet.

Perhaps most improbable to me was that this was apparently the most important day in Lumon history, and they had basically one security guy on the premises. He’s a big dude—or was (outtie Mark waking up mid-accidental-shooting cracked me up)—but come on.

Stuff like the marching band doesn’t make a lick of sense. But it was a great scene, so, eh, just go with it. That seems to be what Severance is asking us to do more and more, and honestly, I’m mostly OK with that.

Image of Seth Milchick, lord of the dance.

This man can do anything.

Credit: AppleTV+

This man can do anything. Credit: AppleTV+

Nate: Speaking of important days in Lumon history… what is Lumon up to, exactly? Jame Eagen spoke in season 1 about his “revolving,” he watched Helena eat eggs without eating anything himself, and he appears on the severed floor to watch the final “Cold Harbor” test. Clearly something weird is afoot. But the actual climactic test on Gemma was just to see if the severance block could hold her personalities apart even when facing deep traumas.

However, (as Miss Casey) she had already been in the presence of her husband (Mark S.), and neither of them had known it. So the show seems to suggest on the one hand that whatever is happening on the testing floor will change the world. But on the other hand, it’s really just confirming what we already know. And surely there’s no need to kidnap people if the goal is just to help them compartmentalize pain; as our current epidemic of drug and alcohol use show, plenty of people would sign up for this voluntarily. So what’s going on? Or, if you have no theories, does the show give you confidence that it knows where it’s going?

Lee: The easy answer—that severance chips will somehow allow the vampire spirit of Kier to jump bodies forever—doesn’t really line up. If Chris Walken’s husband Walter Bishop is to be believed, the severance procedure is only 12 years old. So it’s not that, at least.

Though Nate’s point about Helena eating eggs—and Jame’s comment that he wished she would “take them raw”—does echo something we learned back in season one: that Kier Egan’s favorite breakfast was raw eggs and milk.

Image of a precisely sliced hard boiled egg on a painted plate.

Eggiwegs! I would like… to eat them raw?

Credit: AppleTV+

Eggiwegs! I would like… to eat them raw? Credit: AppleTV+

Aaron: That’s the question for season 3, I think, and whether they’re able to give satisfying answers will determine how people view this show in the long term. I’ll admit that I was much more confident in the show’s writers after the first season; this season has raised some concerns for me. I believe Ben Stiller has said that they know how the show ends, just not how it gets there. That’s a perilous place to be.

Nate: We’ve groused a bit about the show’s direction, but I think it’s fair to say it comes from a place of love; the storytelling and visual style is so special, and we’ve had our collective hearts broken so many times by shows that can’t stick the landing. (I want those hours back, Lost.) I’m certainly rooting for Severance to succeed. And even though this season wasn’t perfect, I enjoyed watching every minute of it. As we wrap things up, anyone have a favorite moment from season 2? I personally enjoyed Milchick getting salty, first with Drummond and then with a wax statue of Kier.

Lee: Absolutely! I very much want the show to stick the eventual landing. I have to go with you on your take, Nate—Milchick steals the show. Tramell Tillman plays him like a true company man, with the added complexity that comes when your company is also the cult that controls your life. My favorite bits with him are his office decorations, frankly—the rabbit/duck optical illusion statue, showing his mutable nature, and the iceberg poster, hinting at hidden depths. He’s fantastic. I would 100 percent watch a spin-off series about Milchick.

Image showing Seth Milchick's office.

Mr. Milchick’s office, filled with ambiguousness. I’m including Miss Huang in that description, too.

Credit: AppleTV+

Mr. Milchick’s office, filled with ambiguousness. I’m including Miss Huang in that description, too. Credit: AppleTV+

Aaron: This season gave me probably my favorite line in the whole series—Irv’s venomous “Yes! Do it, Seth!” as Helena is telling Milchick to flip the switch to bring back Helly R. But yeah, Milchick absolutely killed it this season. “Devour feculence” and the drum major scene were highlights, but I also loved his sudden sprint from the room after handing innie Dylan his outtie’s note. Severance can be hilarious.

And I agree, complaints aside, this show is fantastic. It’s incredibly unique, and I looked forward to watching it every week so I could discuss it with friends. Here’s hoping we don’t have to wait three more years for the next season.

Photo of Nate Anderson

Praise Kier for Severance season 2! Let’s discuss. Read More »

the-severance-writer-and-cast-on-corporate-cults,-sci-fi,-and-more

The Severance writer and cast on corporate cults, sci-fi, and more

The following story contains light spoilers for season one of Severence but none for season 2.

The first season of Severance walked the line between science-fiction thriller and Office Space-like satire, using a clever conceit (characters can’t remember what happens at work while at home, and vice versa) to open up new storytelling possibilities.

It hinted at additional depths, but it’s really season 2’s expanded worldbuilding that begins to uncover additional themes and ideas.

After watching the first six episodes of season two and speaking with the series’ showrunner and lead writer, Dan Erickson, as well as a couple of members of the cast (Adam Scott and Patricia Arquette), I see a show that’s about more than critiquing corporate life. It’s about all sorts of social mechanisms of control. It’s also a show with a tremendous sense of style and deep influences in science fiction.

Corporation or cult?

When I started watching season 2, I had just finished watching two documentaries about cults—The Vow, about a multi-level marketing and training company that turned out to be a sex cult, and Love Has Won: The Cult of Mother God, about a small, Internet-based religious movement that believed its founder was the latest human form of God.

There were hints of cult influences in the Lumon corporate structure in season 1, but without spoiling anything, season 2 goes much deeper into them. As someone who has worked at a couple of very large media corporations, I enjoyed Severance’s send-up of corporate culture. And as someone who has worked in tech startups—both good and dysfunctional ones—and who grew up in a radical religious environment, I now enjoy its send-up of cult social dynamics and power plays.

Employees watch a corporate propaganda video

Lumon controls what information is presented to its employees to keep them in line. Credit: Apple

When I spoke with showrunner Dan Erickson and actor Patricia Arquette, I wasn’t surprised to learn that it wasn’t just me—the influence of stories about cults on season 2 was intentional.

Erickson explained:

I watched all the cult documentaries that I could find, as did the other writers, as did Ben, as did the actors. What we found as we were developing it is that there’s this weird crossover. There’s this weird gray zone between a cult and a company, or any system of power, especially one where there is sort of a charismatic personality at the top of it like Kier Eagan. You see that in companies that have sort of a reverence for their founder.

Arquette also did some research on cults. “Very early on when I got the pilot, I was pretty fascinated at that time with a lot of cult documentaries—Wild Wild Country, and I don’t know if you could call it a cult, but watching things about Scientology, but also different military schools—all kinds of things like that with that kind of structure, even certain religions,” she recalled.

The Severance writer and cast on corporate cults, sci-fi, and more Read More »

innie-rebellion-is-brewing-in-trippy-severance-s2-trailer

Innie rebellion is brewing in trippy Severance S2 trailer

Severance returns to Apple TV in January for its sophomore season.

Severance was one of the most talked-about TV series of 2022, receiving widespread critical acclaim. We loved the series so much that Ars staffers actually wrote a group review so that everyone could weigh in with their thoughts on the first season, pronouncing it “one of the best shows on TV.” Needless to say, we have been eagerly awaiting the second season next month. Prime Video just released the official trailer at CCXP24 in São Paulo, Brazil and it does not disappoint.

(Spoilers for first season below.)

In the world of Severance, people can completely disconnect their work and personal lives. Thanks to a new procedure developed by Lumon Industries, workers can bifurcate themselves into “innies” (work selves) and “outies” (personal selves)—with no sharing of memories between them. This appeals to people like Mark (Adam Scott), who lost his wife in a car crash and has struggled to work through the grief. Why not forget all that pain for eight hours a day?

It’s no spoiler to say that things went… badly in S1 as a result of this process. As Ars Deputy Editor Nate Anderson noted at the time, “The show isn’t just bonkers—though it is that, too. It’s also about the lengths to which we will go to dull or avoid emotional pain, and the ways in which humans will reach out to connect with others even under the most unpromising of circumstances.” In the process, Severance brought out “the latent horror of fluorescent lights, baby goats, cubicles, waffles, middle managers, finger traps, and ‘work/life balance.’ Also cults. And vending machines. Plus corporate training manuals. And talk therapy. Oh, and ‘kind eyes.'”

The first season ended on quite the cliffhanger, with several Lumon employees activating an “overtime contingency” to escape the office confines to get a taste for how their “outies” live—and some pretty startling secrets were revealed. S2 will naturally grapple with the fallout from their brief mutiny. Per the official premise:

Innie rebellion is brewing in trippy Severance S2 trailer Read More »

ex-twitter-execs-push-for-$200m-severance-as-elon-musk-runs-x-into-ground

Ex-Twitter execs push for $200M severance as Elon Musk runs X into ground


Musk’s battle with former Twitter execs intensifies as X value reaches new low.

Former Twitter executives, including former CEO Parag Agrawal, are urging a court to open discovery in a dispute over severance and other benefits they allege they were wrongfully denied after Elon Musk took over Twitter in 2022.

According to the former executives, they’ve been blocked for seven months from accessing key documents proving they’re owed roughly $200 million under severance agreements that they say Musk willfully tried to avoid paying in retaliation for executives forcing him to close the Twitter deal. And now, as X’s value tanks lower than ever—reportedly worth 80 percent less than when Musk bought it—the ex-Twitter leaders fear their severance claims “may be compromised” by Musk’s alleged “mismanagement of X,” their court filing said.

The potential for X’s revenue loss to impact severance claims appears to go beyond just the former Twitter executives’ dispute. According to their complaint, “there are also thousands of non-executive former employees whom Musk terminated and is now refusing to pay severance and other benefits” and who have “sued in droves.”

In some of these other severance suits, executives claimed in their motion to open discovery, X appears to be operating more transparently, allowing discovery to proceed beyond what has been possible in the executives’ suit.

But Musk allegedly has “special ire” for Agrawal and other executives who helped push through the Twitter buyout that he tried to wriggle out of, executives claimed. And seemingly because of his alleged anger, X has “only narrowed the discovery” ever since the court approved a stay pending a ruling on X’s motion to drop one of the executives’ five claims. According to the executives, the court only approved the stay of discovery because it was expecting to rule on the motion to dismiss quickly, but after a hearing on that matter was vacated, the stay has remained, helping X’s alleged goal to prolong the litigation.

To get the litigation back on track for a speedier resolution before Musk runs X into the ground, the executives on Thursday asked the court to approve discovery on all claims except the claim disputed in the motion to dismiss.

“Discovery on those topics is inevitable, and there is no reason to further delay,” the executives argued.

The executives have requested that the court open discovery at a hearing scheduled for November 15 to prevent further delays that they fear could harm their severance claims.

Neither X nor a lawyer for the former Twitter executives, David Anderson, could immediately be reached for comment.

X’s fight to avoid severance payments

In their complaint, the former Twitter executives—including Agrawal as well as former Chief Financial Officer Ned Segal, former Chief Legal Officer Vijaya Gadde, and former general counsel Sean Edgett—alleged that Musk planned to deny their severance to make them pay for extra costs that they approved that clinched the Twitter deal.

They claimed that Musk told his official biographer, Walter Isaacson, that he would “hunt every single one of” them “till the day they die,” vowing “a lifetime of revenge.” Musk supposedly even “bragged” to Isaacson about “specifically how he planned to cheat Twitter’s executives out of their severance benefits in order to save himself $200 million.”

Under their severance agreements, the executives could only be denied benefits if terminated for “cause” under specific conditions, they said, none of which allegedly applied to their abrupt firings the second the merger agreement was signed.

“‘Cause’ under the severance plans is limited to extremely narrow circumstances, such as being convicted of a felony or committing ‘gross negligence’ or ‘willful misconduct,'” their complaint noted.

Musk attempted to “manufacture” “ever-changing theories of cause,” they claimed, partly by claiming that “success” fees paid to the law firm that defeated Musk’s suit attempting to go back on the deal constituted “gross negligence” or “willful misconduct.”

According to Musk’s motion to dismiss, the former executives tried to “saddle Twitter, and by extension the many investors who acquired it, with exorbitant legal expenses by forcing approximately $100 million in gratuitous payments to certain law firms in the final hours before the Twitter acquisition closed.” Musk had a huge problem with this, the motion to dismiss said, because the fees were paid despite his objections.

On top of that, Musk considered it “gross negligence” or “willful misconduct” that the executives allegedly paid out retention bonuses that Musk also opposed. And perhaps even more egregiously, they allowed new employees to jump onto severance plans shortly before the acquisition, which “generally” increased the “severance benefits available to these individuals by more than $50 million dollars,” Musk’s motion to dismiss said.

Musk was particularly frustrated by the addition of one employee who allegedly “already decided to terminate and another who was allowed to add herself to one of the Plans—a naked conflict of interest that increased her potential compensation by approximately $15 million.”

But former Twitter executives said they consulted with the board to approve the law firm fees, defending their business decisions as “in the best interest of the company,” not “Musk’s whims.”

“On the morning” Musk acquired Twitter, “the Company’s full Board met,” the executives’ complaint said. “One of the directors noted that it was the largest stockholder value creation by a legal team that he had ever seen. The full Board deliberated and decided to approve the fees.”

Further, they pointed out, “the lion’s share” of those legal fees “was necessitated only by Musk’s improper refusal to close a transaction to which he was contractually bound.”

“If Musk felt that the attorneys’ fees payments, or any other payments, were improper, his remedy was to seek to terminate the deal—not to withhold executives’ severance payments,” their complaint said.

Reimbursement or reinstatement may be sought

To force Musk’s hand, executives have been asking X to share documents, including documents they either created or received while working out the Twitter buyout. But X has delayed production—sometimes curiously claiming that documents are confidential even when executives authored the documents or they’ve been publicly filed in other severance disputes, executives alleged.

Executives have called Musk’s denial of severance “a pointless effort that would not withstand legal scrutiny,” but so far discovery in their lawsuit has not even technically begun. While X has handed over incomplete submissions from its administrative process denying the severance claims, in some cases, X has “entirely refused” to produce documents, they claimed.

They’re hoping once fact-finding concludes that the court will agree that severance benefits are due. That potentially includes stock vested at the price of Twitter on the day that Musk acquired it, $44 billion—a far cry from the $9 billion that X is estimated to be valued at today.

In a filing opposing Musk’s motion to dismiss, the former executives noted that they’re not required to elect their remedies at this stage of the litigation. While their complaint alleged they’re owed vested stock at the acquisition value of $44 billion, their other filing suggested that “reinstatement is also an available remedy.”

Neither option would likely appeal to Musk, who appears determined to fight all severance disputes while scrambling for nearly two years to reverse X’s steady revenue loss.

Since his firing, Agrawal has won at least one of his legal battles with Musk, forcing X to reimburse him for $1.1 million in legal fees. But Musk has largely avoided paying severance as lawsuits pile up, and Agrawal is allegedly owed the most, with his severance package valued at $57 million.

Last fall, X agreed to negotiate with thousands of laid-off employees, but those talks fell through without a settlement reached. In June, Musk defeated one severance suit that alleged that Musk owed former Twitter employees $500 million. But employees involved in that litigation can appeal or join other disputes, the judge noted.

For executives, a growing fear is seemingly that Musk will prolong litigation until X goes under. Last year, Musk bragged that he saved X from bankruptcy by cutting costs, but experts warned that lawsuits piling up from vendors—which Plainsite is tracking here—could upend that strategy if Musk loses too many.

“Under Musk’s control, Twitter has become a scofflaw, stiffing employees, landlords, vendors, and others,” executives’ complaint said. “Musk doesn’t pay his bills, believes the rules don’t apply to him, and uses his wealth and power to run roughshod over anyone who disagrees with him.”

Photo of Ashley Belanger

Ashley is a senior policy reporter for Ars Technica, dedicated to tracking social impacts of emerging policies and new technologies. She is a Chicago-based journalist with 20 years of experience.

Ex-Twitter execs push for $200M severance as Elon Musk runs X into ground Read More »

ex-twitter-staffer-wins-$600k-over-musk’s-click-yes-or-resign-ultimatum

Ex-Twitter staffer wins $600K over Musk’s click-yes-or-resign ultimatum

Please, be reasonable —

Elon Musk’s 24-hour email ultimatum unfairly dismissed Twitter staff, court says.

Ex-Twitter staffer wins $600K over Musk’s click-yes-or-resign ultimatum

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.

Ex-Twitter staffer wins $600K over Musk’s click-yes-or-resign ultimatum Read More »