Skip to main content

Add new comment

Australian Tes… (not verified)    February 22, 2018 - 9:58AM

I don't think it will be thrown out before discovery.

The plaintiff is claiming that they were demoted and then fired because they blew the whistle about an activity that they reasonably believed to be illegal. They will have to prove that (1) they had a reasonable belief that the activity was against the law or other such rules, (2) that they blew the whistle on the activity, (3) that they were demoted and fired, and (4) that the reason for the demotion and/or firing was causally related to the whistle-blowing.

Given that to dismiss the case prior to discovery requires that the defendants demonstrate that even if the facts as stated were true that there would not be a case to answer, I think that this will go to discovery (or more likely that Tesla will just settle out of court). I am slightly confused as I would have thought that Tesla would have an arbitration clause in the employee agreement though and the document is suggesting a jury trial.

Disclaimer: IANAL. I am not a New Jerseyan or even American (I'm Australian). My only legal qualification is that I listen to the excellent Opening Arguments podcast when driving to work. As such everything I wrote could be completely wrong.

The content of this field is kept private and will not be shown publicly.

Comments_filter

  • Allowed HTML tags: <em> <strong> <cite> <blockquote cite> <ul> <ol'> <code> <li> <i>
  • No HTML tags allowed.
  • Lines and paragraphs break automatically.
This question is for testing whether you are a human visitor and to prevent automated spam submissions.