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The opinion is monumentally dumb, departing from the three prior rulings which wisely declined not to tread in this shaky ground and "going boldly where no man has gone before" to absolutely violate the fuck out of federal labor law. The judge flat out admits this rescission leaves Musk uncompensated for five years of labor, cloaking it in the fig leave of "well he made a bunch of money on the stock he already owned." That's not how employment law works- employees, including CEOs, must be compensated for their labor, this is a bedrock principle of America, we even have a fucking constitutional ammendment about it.
The judge can rule it was an unfair agreement, but to abrogate responsibility to determine fairness (with a piss-poor cite to another case about bonus claw backs where employees were still paid salaries) and simply say "nope, actually slavery is fine" because she didn't like how Tesla argued the case is gross misconduct.
I get that Musk is not a sympathetic plaintiff, and I get that Tesla didnt take this seriously, but the fact that a judge can rescind a mutually agreed upon contract and leave an employee with zero dollars for five years of work and no one is making a bigger deal of it is fucking mind blowing to me. This is the kind of precedent that kills democracy. At the very least, Deleware suddenly became a very unattractive state to incorporate in.
I mean, it becomes a very unattractive state to any company that doesn't obey the party. If they can keep alternatives from developing, this is just another win win for them.
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