X ordered to pay $600K to fired employee who didn’t click ‘yes’ on email ultimatum

Remember when Elon Musk ordered Twitter staff two years ago to “click yes” in an email to promise to work in “extremely hardcore” mode or risk losing their jobs? One of those employees who didn’t click “yes” just won a major ruling, according to the Irish news service RTÉ.

Ireland’s Workplace Relations Commission (WRC) ruled that Gary Rooney, a former senior executive for the company known then as Twitter, was unfairly terminated when he refused to agree to Musk’s email ultimatum in 2022 after nine years with the social media company. The commission also ordered X to pay Rooney €550,000 (roughly $605,000).

WRC adjudication officer Michael MacNamee singled out Musk’s requirement to click “yes” as unfair because refusing to do so “was not capable of constituting an act of resignation.” Therefore, the company had no grounds to justify Rooney’s termination, according to the news report.

Musk sent an email to all Twitter employees in November of 2022 just a month after taking over the social media company issuing an ultimatum of commitment. The email with the subject line “A Fork in the Road” told Twitter’s then staff that they should expect to work “extremely hardcore” including “long hours at high intensity.” Musk gave his staff the opportunity to click a link in the email “If you are sure that you want to be part of the new Twitter” and gave them 24 hours to either agree to the commitment by clicking the link or refusing to do so. Those who didn’t click the link would be terminated and given three months of severance pay.

MacNamee ruled that Musk’s 24-hour deadline was not a “reasonable notice” for his staffers to consider the fate of their jobs. He also said no employee “could possibly be faulted for refusing to be compelled to give an open-ended unqualified assent to any of the proposals.” Twitter’s HR department confirmed that Rooney’s termination was due to his decision not to click the email link despite not knowing about a possible severance or the implications of staying with the company.

Rooney is far from the last of Musk’s former employees to take their former employer to court either for his behavior or what they deemed to be an unjust termination. A lawsuit filed earlier this year by a former SpaceX employee accused the company of gender discrimination and basic safeguarding failures.