Getting fired for insubordination isn't a protected class. The former employees don't have a case.
I do think Musk was within his legal rights to fire these people, but that does not mean it was the right thing to do or that he should be immune from criticism. Especially after he's made such a big fuss about free speech being so important.
Sure there is, and trivially so- your employer decided to fire you in both cases, in neither did 20000 hyperonline strangers fire you.
* The guy who got fired for cracking his knuckles in a way that looked vaguely like an "OK sign" which is offensive to some extreme left-wing people
* The data scientist who got fired for citing research on the efficacy of nonviolent protest
* The journalist who was pressured to leave his workplace for interviewing a black man whose views didn't match a certain narrative about what black people believe
* The professor who was suspended for saying a Chinese word that sounds vaguely like an English slur
Moreover, cancellation is "pressuring someone's employer to fire them". This is different than an employer taking offense to an employee's speech and firing them as a consequence.
If Musk has said something like "employers shouldn't fire employees on the basis of their speech" (and he may have done, I really don't know), then he's probably being hypocritical, but not on the basis of cancel culture.
> If Musk has said something like "employers shouldn't fire employees on the basis of their speech" (and he may have done, I really don't know), then he's probably being hypocritical, but not on the basis of cancel culture.
My comment was necessarily about Musk himself, but also about his defenders. Thus, it doesn't matter much whether Musk himself is a hypocrite based on any of his own statements, but rather whether his supporters (for lack of a better term) are hypocrites based on positions they have previously staked out.
I was explicitly noting that many cases of cancellation are unjust. Giving examples is appropriate.
> rather whether his supporters (for lack of a better term) are hypocrites based on positions they have previously staked out.
I’m sure some are. Any person with a large following will have many people who are hypocrites. A huge swath of the general population is hypocritical, so I would expect some hypocrites among Musk’s followers.
I don’t know how you could credibly argue that his supporters in general are hypocritical in a way which is independent from whether or not he is.
Since this is a closely held company there are different rules as well.
I think in the USA insubordination is neither here nor there, because US employers can dismiss people just because they don't like them.
The direct order has to be something important that is part of your job.
Less-serious insubordination should be dealt with by means of formal warnings, and processes to help the employee improve. But if, for example, I'm ordered to attend a customer meeting at 10:00am, and I refuse on the grounds that I'm planning to stay in bed until 11:00am, I can be fired summmarily. The employer would be well-advised to document everything scrupulously.
Ultimately an employer can fire anyone they want; HR processes and procedures can be rigged. In a legal dispute between an employer and a worker, the employer has the upper hand. If a worker wins an employment dispute, they might keep their job; but they now have a hostile employer.
If some of the comments in this thread is any indicator, people seem to believe it should be a protected class, which is extremely disturbing.
Two or more employees addressing their employer about improving their pay. Two or more employees discussing work-related issues beyond pay, such as safety concerns, with each other. An employee speaking to an employer on behalf of one or more co-workers about improving workplace conditions."
Would that letter fall under that? I think there is at least a somewhat credible claim it could (and also a credible opposing counterclaim that the form of speech was meant to be defamatory/disparaging, and not a protected activity), but I am not a lawyer.
The bit about Musk's behavior gets quoted because it fits with various agendas. But the letter itself is mostly a plea for making SpaceX a more inclusive workplace for people of different races, genders, and so on. To establish clear HR policies rather than current vague rules like "no assholes".
That's pretty far into the protected category of talking about improving workplace conditions.
Someone will get to have their name attached to the decision declaring any government interference in how a business is run unconstitutional.
Unions, 40 hour work week, desegregation, certainly employment discrimination, OSHA, the ADA? I worry people like Musk know they have the money to take it that far and that the supreme court would love to completely deregulate businesses.
Congress has the power to regulate commerce.
[0] https://www.law.cornell.edu/wex/commerce_clause
"The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;"
[1] https://www.law.cornell.edu/constitution/articlei#section8
To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;
There is a long road of interpretation from there to telling a manager of a restaurant that he has to hire black waiters. And the important bits of it all came in the last century. It is certain that the Founders never INTENDED for Congress to have its current authority.
It seems unlikely that the Supreme Court wants to create the chaos of overturning all of that to go back to the original definition. But it is within their official authority to do so.
We need to be wary because I, for one, totally believe they would make any regulations illegal given a case that gave them the chance.
Preventing chaos is clearly not something they feel responsibility for, they're making extremely high impact decisions against hard fought civil rights in favor of just about any other interested party.
You can't use "talking about improving workplace conditions" as an excuse for creating a hostile work environment by harassing your coworkers (BTW, sending unsolicited emails can very much be harassment). The NLRB has specifically ruled about this as part of the Google-James Damore case.
https://www.wired.com/story/labor-board-rules-google-firing-...
You can't be fired for wanting to make your workplace better. You can be fired for making it worse for others. Often the same behavior can be seen as either or both. And courts exist to adjudicate these disagreements.
That said, I hate the example. However discussing that would be a derail, so I won't.
> while some parts of Damore’s memo were legally protected by workplace regulations, “the statements regarding biological differences between the sexes were so harmful, discriminatory, and disruptive as to be unprotected.”
They didn't rule he was creating a hostile work environment by "sending unsolicited emails"; they ruled that the memo contained statements that were "discriminatory and constituted sexual harassment." This just doesn't apply here -- Damore's strongest argument was that he was discussing working conditions, but the arguments in his actual memo about "women's heightened neuroticism and men's prevalence at the top of the IQ distribution" were the problem.
In this SpaceX case, they were very clearly discussing working conditions in a substantial part of the memo, and it's quite possible that is in fact protected speech. What muddies it up is adding the parts about also needing to tell Elon to stop being an ass on Twitter; that's probably not protected.
Completely agreed - this reads very much like a protected letter about working conditions, up until the authors made a terrible error by citing the primary action item as addressing Elon's twitter behavior, and putting working conditions as the secondary and tertiary demands. IANAL, but it seems like that will give a lot of ammo to SpaceX's lawyers in what would've otherwise been an open and shut retaliation case.
Publicly address and condemn Elon’s harmful Twitter behavior. SpaceX must swiftly and explicitly separate itself from Elon’s personal brand.
This is the spirit of their demands and they made it personal.
Not a lawyer, but the primary action point being about the twitter behavior seems to significantly cast doubt upon what would've otherwise seemingly been a slam dunk labor law/retaliation violation case.
That said, most places in the US are at-will employment, so you can fire your employees for no reason.
Some leaders, and following that some cultures are receptive of open criticism and disagreement. Others are absolutely not. It's up to each person to read the room.
SpaceX employees are the hand that's feeding Musk. Unless you think he can get to Mars by himself.
In fact, certain kinds of persons are prone to stir up these kinds of issues to distract from their own poor performance in their actual job. Which evidently isn’t internal “activism.”
The level of entitlement it takes to expect to be paid to undermine the organization that’s paying one ought to be shocking, but it evidently isn’t.
> The level of entitlement it takes to expect to be paid to undermine the organization that’s paying one ought to be shocking, but it evidently isn’t.
The employees literally wrote a letter saying an individual's actions were undermining the organization. The letter is an exhortation to protect SpaceX (in terms of finance and reputation) from Musk's behavior.
Also, SpaceX definitely has spun itself up as a “this is for the good of all humanity” type company and attracts employees who really are bought-in on the whole Grand Vision. To the writers of this letters, that Grand Vision > Elon the Person.
If Shotwell runs the company then why is Musk getting the heat?
SpaceX’s success is at least in part due to a culture of actually doing stuff. It’s difficult to create that culture, and the work to maintain it is done at the top.
Perhaps wokeness is incompatible with a culture of solving hard technical problems to the exclusion of all other concerns?
As a class. Individually they're absolutely powerless and class solidarity is very difficult to achieve, perhaps impossible. There's a reason labor movements tend to involve elements that physically coerce other members of the class (i.e., 'scabs') from crossing picket lines. Capitalists don't need very many specific members of the proletariat, they just need enough. Musk can fire his critics at will for a very long time without any real threat to his business unless his employees and any potential employees were to coalesce and oppose him en masse.
I doubt that they will do this. If I were in Musk's position I'd fire these people and I'd fire similar critics at twitter. Capitalist led enterprises are essentially monarchical. I don't like this but it is reality and it's best if everyone understands it. I prefer mask off to the alternative.
Collaborative organizational forms: on communities, crowds, and new hybrids https://link.springer.com/article/10.1186/s41469-018-0036-3
Self-organization in Communicating Groups: the emergence of coordination, shared references and collective intelligence http://pcp.vub.ac.be/Papers/Barcelona-LanguageSO.pdf
There's never been much agreement on what marxism means. I believe Marx himself disliked the term and claimed to not be a marxist.
It saves a lot of stress to ask fired-up people what it is they're for (methodologically speaking) and not bothering to argue if they don't have a coherent or actionable answer.
It's a free country. Workers are free to quit, form their own collective and run it as they see fit. It's perfectly legal.
The next right step in technology (that would allow real progress in space exploration while having good environmental impact) is fusion energy. Developing chemical rockets to send a human to Mars seems like a misguided endeavor.
Without focuswe may run out of runway to develop and deploy clean energy technology - https://xkcd.com/1732/
Then it's just a logistics problem.
Plus whoever founds the successful human civilisation on Mars gets into the history books, fusion is a massive team effort that won't have one specific person remembered.
Making a self-sustaining city on Mars is impossible. And even if not impossible, certainly costs many tens of trillions of dollars, which is as good as.
1 million was estimated, which would cost $100 billion
“For all its material advantages, the sedentary life has left us edgy, unfulfilled. Even after 400 generations in villages and cities, we haven’t forgotten. The open road still softly calls, like a nearly forgotten song of childhood. We invest far-off places with a certain romance. This appeal, I suspect, has been meticulously crafted by natural selection as an essential element in our survival. Long summers, mild winters, rich harvests, plentiful game—none of them lasts forever. It is beyond our powers to predict the future. Catastrophic events have a way of sneaking up on us, of catching us unaware. Your own life, or your band’s, or even your species’ might be owed to a restless few—drawn, by a craving they can hardly articulate or understand, to undiscovered lands and new worlds.
Herman Melville, in Moby Dick, spoke for wanderers in all epochs and meridians: “I am tormented with an everlasting itch for things remote. I love to sail forbidden seas…”
Maybe it’s a little early. Maybe the time is not quite yet. But those other worlds— promising untold opportunities—beckon.
Nice try, but no. Employees don't feed employers.
It's not arrogance to want to work on something you're passionate about without a petulant billionaire figurehead actively devaluing your work.
Then they are free to seek gainful employment at any number of other spaceship companies.
You seem to assume that if you just show up at SpaceX's door with a briefcase and say "I want to work on space travel" that you are somehow entitled to a job there. No.
> without a petulant billionaire
Just admit you hate the guy for personal reasons. That's OK; you're allowed to have an opinion. Most people wouldn't purposely go work at a place that's run by a guy they despise then try to undermine said business. A better grasp of the employer-employee relationship would be helpful.
I never said anything like this. I said it's not arrogant to want to work on something you're passionate about without worrying about that work being devalued.
Yes, I dislike Elon Musk's behavior. Because I take personal issue with his actions does not preclude my ability to discuss SpaceX - in the same way that I discuss politicians whose views I don't agree with.
The letter in question is an exhortation from employees who are concerned that his behavior is undermining the business. Somehow, you've managed to twist this completely around into employees wanting to harm the business.
If SpaceX weren't there, they'd be working for someone else or themselves - he needs them more than they need him.
That's not the reality of the situation though. SpaceX's current staff isn't the last cohort of people who are willing to work for musk, and therefore are hugely responsible for the company and it's output. They're but cogs amongst the machine that Musk has built. Cogs are replaceable. Cogs don't function properly if not properly utilized by the engineer.
Musk is the engineer. He's the only person at SpaceX, or Tesla, who is actually irreplaceable. I know people rant and rave about "people aren't replaceable cogs" but they truly are, and that's good. If this wasn't the case for 99.9% of the world, society wouldn't function that well. I'm a cog, and I know that. It isn't shameful and shouldn't be viewed as such.
Elon Musk is not a god and his billion dollar ideas would be worthless were it not for thousands of people who have worked tirelessly because they believe in a common goal. SpaceX is nothing without the labor of others - they are the hand that feeds him, not the other way around.
I don't think people who are doing literal rocket science at SpaceX would "go back to designing widgets" if SpaceX folded tomorrow. This implies that they would somehow not be doing meaningful work without Musk's money?
Labor means nothing if not done for an intelligent purpose. For S0aceX employees, Elon Musk is the source of that intelligent purpose. Of course labor beyond what one man can supply will be necessary for any worthwhile pursuit. What matters is not the labor, but the source of the intelligent purpose that gives the labor a common goal and guides it towards it.
"As a starting point, we are putting forth the following categories of action items, the specifics of which we would like to discuss in person with the executive team within a month:
Publicly address and condemn Elon’s harmful Twitter behavior. SpaceX must swiftly and explicitly separate itself from Elon’s personal brand."
I don't know why anyone would think that that would go over well.
I think Elon's a tool, and this is a bad move, but to think someone should be protected from consequence of what they express is absurd.
It's his company, he makes the decisions. The market should respond if that's a big enough deal, and I'm 100% sure that's starting to happen (though it's exceedingly slow in the space domain).
I have to assume they knew when they penned the letter that they would find out whether their leader could take criticism and help them make a better company and product together, or react immaturely and let them know that their time would be better spent elsewhere. Seems they got their answer.
In any case, yeah, Musk owns the company and has the right to fire people for criticizing his business decisions. Bold strategy, we'll see how it turns out for him.
I think there's also this game that gets played now where internal dissent tries to whip up external dissenters to get their way within companies. Leaders need to decide if this is happening or not and act accordingly.
This is common and has been common for hundreds of years.
Burn the boss, lose your job.
It isn't rocket science.
This is cringe worthy. They knew exactly what would happen and expected to rally support online. I can't say with certainty what the ultimate goal was.
> That's like comparing rocket motors to lettuce.
No, they're clearly not that different. Both involve laboring for others (usually members of the ownership class), under some degree of compulsion. Though the nature of that compulsion can be different (e.g. using the threat of the whip vs. using the threat of starvation).
The benefit of "being able to change jobs" is often significantly overstated and highly contextual. It's not like anyone can just pick any job they like: they have to pick what they're offered. For some people, that can be highly restricted, to the point of being serf-like.
For things to be "not that different" implies they are interchangeable to an extent. I'd certainly be interested to know the result if you surveyed a random sample of 100 employed people and asked if they'd be willing to forego work to enter slavery.
We are not slaves, but our bosses are not our parents either.
In the UK recently the CEO of a ferry firm sacked all its workers in contravention of the law (they were required to give a 90 day consultation before any job losses, required to offer them other roles in the organisation). The CEO was summoned to parliament to explain what happen and said that "we didn't think the employees would go along with it, so we just fired them".
The government and employment tribunals are looking into collecting evidence in order to convict the CEO (criminal vs the usual civil penalty).
True. And you're not entitled to the job, either. The employer/employee relationship is a voluntary one, for both parties.
A company of any significant size, on the other hand, will be able to handle the loss of a single employee just fine.
There is a power imbalance between the two parties here and I don't think you can construct a solid argument while ignoring it.
(Most welfare systems have plenty of woeful traps, though, and I fall on the side of 'People should not lose their jobs over a disrespectful letter', but I haven't read it.)
I.e. the idea that employees is powerless is not true by inspection.
People also can always start their own companies, being an employee is hardly the only option. (People who start their own companies also quickly realize that their imagined power over other people is entirely nonexistent.)
Businesses that are trying to stay in business don't have time for you.
Seriously, Hacker News is not the site for you to engage in this kind of low-quality culture war. Stop doing it.
some countries have decent labour laws that won't crucify you for disagreeing with your employer
These employees clearly messed up in that regard.
Any bets on whether (CEO == assclown) is a protected class?