DavidV sues Tesla

[doug]

Another Tesla Lawsuit:

Former Tesla Motors employee files class action suit | Green Tech - CNET News.com

Tesla Motors' former director of public relations is suing the company, alleging that it violated terms of employment.
...
In his suit, he alleges that Tesla did not act in good faith in its dealings with him and did not follow California labor laws. He is also suing for libel and slander because of allegedly disparaging comments made about laid off employees in the press by company executives.

http://openaccess1.sanmateocourt.org/getpdf/pdftemp/2008071413295428810/A-0000041797-2.pdf


Please, lets try to keep any discussion about this from going off the deep end.

 

[Joseph]

All I can say is...:frown:

 

[vfx]

Each time another one of these mistakes comes to light I hope that Elon takes another hard look at the people at his company that are responsible for the Tesla message.

 

[deenko]

At least the amount they are sueing for will not totally destroy the company if TM loses the trial.

But, yet another blemish.

 

[Cobos]

Can someone that knows a bit more about US or California law please explain to me why this case is a full 6 months after the firings? Why didn't this happen sooner?

Cobos

 

[OhmExcited]

What's weird is that in the latest blog Ze'ev made a big point about promoting Darryl (the two defendants in this lawsuit). This is becoming the twilight zone.

So, David wasn't given any bad performance reviews, but Darryl and Ze'ez said it was about performance after the fact. My guess is that they will say they were just speaking for the board.

 

[WarpedOne]

This is becoming the twilight zone.

Becoming? TM is in there for some time already.

 

[DDB]

Can someone that knows a bit more about US or California law please explain to me why this case is a full 6 months after the firings? Why didn't this happen sooner?

Cobos

Cobos, In Ohio you can sue for breach of contract within 15 years before the statute of limitations runs out. I'm guessing there is plenty of time in California as well. In the grand scheme of things, 6 months is the blink of an eye... Lawyers are slow as is the entire legal process. I don't see any strategic mistakes in waiting that long to file.

 

[DDB]

What's weird is that in the latest blog Ze'ev made a big point about promoting Darryl (the two defendants in this lawsuit). This is becoming the twilight zone.

So, David wasn't given any bad performance reviews, but Darryl and Ze'ez said it was about performance after the fact. My guess is that they will say they were just speaking for the board.

I haven't taken a close look at the lawsuit, but I didn't see an employement agreement with him per see. Tesla apparently treated him as an independent contractor which means Tesla could have just terminated the relationship (assuming there isn't an agreement to the contrary).

The class action aspect is interesting. The former employees will all have to make a decision about whether to jump on board. In Ohio, the magic number is 25 class members. Were there even that many employees terminated? Wonder what it is in CA?

From a PR standpoint, this whole thing is disheartening. Once again, I think Tesla better figure out how to deal with the old crew once and for all...my 2 cents.

 

[doug]

Tesla gets sued again, this time by a former employee - Engadget

Former employee slaps Tesla with class action suit - Autoblog

UPDATE: Darryl Siry of Tesla wanted to clear a few things up with the story. To begin with, a judge must certify a lawsuit as class action before it can be deemed as such. That hasn't happened yet. Additionally, the part of the lawsuit filed by David Vespremi that asks for class action status has nothing to do with libel, slander, or defamation. The only part of Vespremi's lawsuit that could be classified as "class" has to do with Tesla's arbitration and non-conciliation clause in his employment agreement.

 

[doug]

Apparently the case was tossed out.

 

[doug]

Two years later... filed yesterday:

VESPREMI v. TESLA MOTORS, INC.Filed May 5, 2011.

I guess this follows on from the previous suit.