SpaceX Slapped With Wage Class Action Over Mass Layoff
law360.com
law360.com
Accept a small pay and benefits. Space exploration costs go down. More space exploration is done per dollar.
Demand a good salary and benefits. Space exploration costs go up. Less space exploration gets done per dollar.
Damn it.
Look, manned spaceflight is cool and there are some really bad ass ideas about space exploration, but the reality is that there really isn't that much in it for us. Our bodies are fundamentally not suited for space travel - so much so that the bulk of on-board systems are life support, making anything else a small portion.
What are the goals anyway? I have heard many things like: having a second habitable home for humanity in case (X) happens, or exploration for its own sake. None of these are particularly compelling given the economics behind them.
I certainly wouldn't pass up the chance to go to space, but I think it is not where humanity should be putting its energy.
Doesn't sound like they're very successful, then, per Wikipedia, "As of December 2013, SpaceX has a total of 50 future launches under contract, two-thirds of them are for commercial customers."
Now, the article goes on to talk about their efforts to get validated for military launches, and in the relevant article (https://en.wikipedia.org/wiki/Evolved_Expendable_Launch_Vehi...) it says "On July 11, 2014, the DoD certified the Falcon 9 rocket as an EELV launch vehicle.", so we can expect as of late 2016 for them to have more government launches.
While NASA et. al. get most of the publicity, the numbers show a significant market for commercial launches. Especially, I would imagine, if SpaceX ends up being both cheaper and more reliable, as they have promise to be.
So this is what economics has done to "going boldly"? No wonder it's called dismal science ;-)
But seriously, diversification of our real estate beyond a single small planet seems like a necessity given the scale of the potential losses in case (X) happens.
Exploration for its own sake seems like a perfectly valid reason too whether done for touristic or scientific purposes.
As for ROI on space exploration, I wouldn't say it's terrible. It's just that we're short lived creatures and we like our returns fast. Space exploration is a very long term investment with potentially huge returns in far future.
Yes the economist is typically the buzzkill.
To your other point, I think it is silly to think that it would take fewer resources and time to terraform another planet^, than it would be to harden ourselves from disaster. Strike that it's not silly, it's wasteful.
^there are no known planets that are habitable to humans and getting out of our solar system is not feasible for humans given that it is 27,000 ly across
Not sure where the figure of 27kly comes from. Depending on how you measure it our solar system is ~200 AU or ~28 light hours across (for comparison 1 ly is ~63241 AU). Our galaxy is ~100kly across and it contains hundreds of billions of stars.
False. See: Planetary Resources.
Rare earth metals are much more common on many asteroids than on the surface of the earth. During the formation of the planet, they tended to sink to the center, where it's very hard to get to.
A single asteroid Planetary Resources is targeting has more than all the rare earth metals ever mined in history.
Kind of surprised a company that is so on the ball technically would fuck something like this up; it is definitely going to end up costing them way more than 2 months severance to everyone (plus whatever they were owed -- some people claim they didn't even get that) would have.
> "Layoff" means a separation from a position for lack of funds or lack of work.
Doesn't matter if they're layoffs for lack of work or performance-based firings: you still have to comply with the provisions of that law.
(I have no knowledge whether SpaceX did or did not comply, of course.)
The official employers guide to WARN states that people let go for cause are not counted under WARN.
The SpaceX position seems to be: 1) We just did our yearly performance reviews 2) Low performers were fired 3) Since they were all let go for cause, WARN does not apply.
Some people are claiming that it is a layoff and SpaceX is just trying to work around it. I'm imagining the SpaceX position here would be: 1) Layoffs are defined as letting employees go due to reduction in work or lack of money 2) SpaceX is experiencing neither of these 3) SpaceX plans to grow 20% this year; proof that there is no reduction in work 4) SpaceX has lots of open positions and is actively hiring; further proof that there is no reduction in work or lack of money
I have no knowledge of this lawsuit other then this article though.
Edit: I wonder if the downvoters who have not bothered to comment realize that every state in the US except Montana has some form of at will employment. The person I was replying to couldn't be more wrong. (The very obvious claim about not being able to fail to pay people is of course true)
You're being downvoted because you're wrong. At-will employment doesn't mean you can stiff your employees on backwages. It also doesn't mean you don't need to comply with Worker Adjustment and Retraining Notification (WARN) laws, which exist in many (most?) states.
At-will employment doesn't mean the employer gets to do whatever they please.
Second, the laws apply differently in different states. California is an 'at will' state which means you really can be tossed for any non-protected reason at any time (not true if you have a labor contract). But SpaceX employs people in Texas and Florida as well.
Quite curious, as they seem to be doing very well. Musk has capitalized on the Ukraine/Russian ordeal quite well, and is positioned to become a dominant force in the US Aerospace industry. Wouldn't have thought he'd be the type to let go of productive employees on a whim. He understands better than most that talent is the only resource companies have in the long run.
That sounds like trying to dodge officially having a layoff, or pretty shitty company culture. I wonder what other SpaceX employees think of the matter. I didn't see much news about it.
[1] http://www.spacenews.com/article/launch-report/41428spacex-s...
In practice, you lose people who are keeping the lights on and who hold vast organizational knowledge. Meanwhile, your entire company becomes physically-attractive subordinates.
I generally think that the employer should have a very high bar on proving that it was performance based when you are laying off significant % of the workforce at one time. Every time I was involved in an employee firing, it happened out of phase with the typical performance review cycle, and it was typically one person at a time.
Could you describe how this works? Do you get unemployment for a longer period of time or larger payments if you were laid off?
EDIT: Also, their RnD program is still going strong, especially so with the new engines and the plan for their 10m diameter rocket.
It's too bad we won't know if there was a formal employee review process in place and if these employees were aware that they were "underperforming".
If they agreed to employ you in a state, they agreed to do so under the laws of the state. Even if you don't understand the laws, you should be able to understand that the existence of laws providing various protections is part of the context in which people agree to accept employment from a particular employer, in a particular place, and under particular payment terms.
Employers certainly consider the legal environment when they choose to employ people in a particular location, and when they decide on the terms of employment.
One might argue that it is moral (if not legal) for parties to by mutual consent expressly agree to conduct an economic exchange under terms other than those set by the law of the jurisdiction in which the exchange is conducted (even if the law prohibits such waivers and alternations), but I think its a much harder case to make that it is generally moral for one party in arms-length exchange where no such waiver is expressed to simply elect to ignore the governing law, except when one makes the case that what the law demands would be immoral even as a term agreed to by consent, or that the change in the law which occurred after the agreement violated the fundamental premises on which the agreement was based (and even in the last case, only if the the party acted timely to notify the other party of their objection and to either terminate or renegotiate the relationship based on the changed context.)
If, for example, 100% of people who SpaceX could hire would express concern over a possible layoff, then SpaceX would have no choice, but to put this into the contract, specifying potential payouts in the case of such a layoff. However, I think people would actually compete to get into SpaceX, thus the actual terms of the contract wouldn't include that. In short, let the market decide voluntarily, what are the best terms.
What's going on now is one side (employees) taking advantage of the other side. I don't care how rich Elon Musk is. If he made his money honestly, he doesn't owe a cent to those employees.
No, its not. Both sides voluntarily entered into an agreement with knowledge of the legal context (well, at least constructive knowledge -- in terms of actual knowledge, there is a real imbalance, here, but it almost always favors the employer, as the side who is more likely to both motivated and able to secure expert assistance prior to making decisions whether, where, and on what terms to engage in employment agreements.)
> I don't care how rich Elon Musk is. If he made his money honestly, he doesn't owe a cent to those employees.
To the extent that SpaceX makes money by not treating people according to the law under which they agreed to employment, the money is not made honestly, so even if I accepted your maxim, it would be irrelevant.
Because
1) What incentive would people have to abide by their deals ? (also known as : NEVER sign a contract with any royalty or any parliament or congress. They are not bound by them. Just don't get yourself into that)
2) How would you even know the terms of a contract ? People may think they agree about every detail, I have done enough law to know perfectly well they never do. Given the chance, people will sign things like "I rent this room for 800 euro per month", for example. Now, the primary renter dies in a car crash, what happens ? Who owes what ? What if they're married ? What if there's children ? Does the inheritor inherit the obligation ?
3) How would you resolve obvious assymetric bargaining positions ? Suppose someone signed a contract selling someone into slavery ? Before you say otherwise, note that under muslim law, that is legal. Without law of the land, who is to say this is wrong ? And what would you do about it.
But these are the obvious arguments. How about I save the 5000 page book this would become if we went over the entire set of problems that contracts pose. Here's a link, I guarantee that every single paragraph identifies a problem in "pure" contract law and free agreements between parties :
http://www.law.cornell.edu/ucc
Or how about the European law version :
http://www.legifrance.gouv.fr/content/download/1950/13681/ve...
Read a few pages. It's not nonsense.
But, seriously, the state is an immoral institution?
Building the national highway system and all the related infrastructure (bridges, etc), the public school system (which didn't always and needn't suck, even if it is in distress now), the various social safety nets that keep us from discarding the elderly like trash, the means of protection of yours and everyone's wealth from banditry, the means of protection of our land from outside invaders, etc, etc, etc... this is an inherently immoral institution? What an incredibly dumb and short-sighted thing to say.
Public infrastructure projects often involve bribery and cronyism. Public school system may be used for ideological indoctrination. National safety nets foster risk aversion and allow young people to throw off the burden of care for their elderly. Police may be overly brutal when protecting your wealth from banditry. The means of protection of your land from outside invaders can become the means to invade outsiders and to conduct mass surveillance of the locals.
It's a superhard design challenge to create a set of checks and balances which prevent abuse of power.
The very idea that anything like modern society is possible without government is entirely faith-based (since there are no successful examples to prove it) and, I would argue, very naive on the subject of the many failings humans have when not regulated by outside checks and balances.
And yet, when a government takes tax money by force or threat of force and spends them on bloody wars where many people die, you say "but it also builds roads and educates our children and enforces private property, so it's not that bad, it's not evil". Well, it is. You're just avoiding using logic when it comes to government, it somehow is exempt from logical thinking for many people.
If you can't come up with a solution how to build a society without government and taxation, you're simply not thinking hard. The fact that there is no country on earth without government (except for Somalia, which you cannot compare to, say, the US, but which you SHOULD compare to the surrounding countries) means nothing. In the 16-th century there was no country on earth without slavery. In the same century hardly anyone in the society could imagine how to organize it without God, because, supposedly, without the fear of God humans would go crazy and start killing each other. So, please, stop and think about this: if there was no way for anyone to form a government, how would I solve all the problems governments are currently responsible for. It's a useful exercise.