The stunning thing is that he didn't consult a proper lawyer that would have told him how to avoid the lawsuit.
According to a leak to Business Insider[0], they are still "employed" but are not allowed to work. [0] https://www.businessinsider.com/read-blunt-email-telling-twi...
So it seems they are still being paid and get their benefits until Feb 2th
If, as some others have said, he's actually paying them for the 60 days, I don't think a judge or jury is going to be very sympathetic.
"So, your boss basically told you to take 60 days off with pay?"
Do you have any evidence for this?
Either he consulted a terrible lawyer or none at all.
Making factual statements/judgements seems misguided, at this point, in my IANAL opinion.
I disagree.
He got bit by lawsuits over a previous mass layoff at Tesla. The lawyers who filed this lawsuit were the same lawyers involved in the previous one. Links pointing to the previous case:
https://news.ycombinator.com/item?id=33469900
I think that Musk learned from that, and reading the email employees received today, I think the lawsuit will be thrown out.
https://www.businessinsider.com/read-blunt-email-telling-twi...
On first sight, the mass layoffs appear to violate both California & Federal WARN Act notifications.
After reading the email, it appears that they are getting 3 months of "gardening leave" instead paychecks getting cut off at end of day.
> An employer who violates WARN provisions is liable to each employee for an amount equal to back pay and benefits for the period of the violation, up to 60 days.
https://en.wikipedia.org/wiki/Worker_Adjustment_and_Retraini...
Europe has different labor laws. I know enough about them to know that I don't know enough to have an opinion on what might happen over there.