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Former Tesla engineer sues for defamation

latimes.com

111–120 of 152 posts

Re: Former Tesla engineer sues for defamation

#111

Earlier quoted context omitted.

It is pretty weird that Musk repeatedly insisted on calling the experienced well respected diver a sex criminal, and faced zero consequences for this.

He faced a tone of consequences, just not criminal or civil charges in a court.

> He faced a tone of consequences, just not criminal or civil charges in a court.

I never could understand how what he said wasn't considered defamation. If that's not defamation, what is?

Re: Former Tesla engineer sues for defamation

#112
post #80

Earlier quoted context omitted.

Recording internal meetings to raise an issue isn't the best way to deal with the situation. I'm not surprised she was let go. The company probably saw this as dangerous behavior.

She only started recording meetings to collect evidence after being "bullied, humiliated, demoted and retaliated against in the most horrible way possible." Seems ... justified.

As far as I understand, doing that (recording meetings without notifying other participants) is a crime in California (https://codes.findlaw.com/ca/penal-code/pen-sect-632.html) and that justification does not make it permissible.

So if she admits that she did record these meetings without informing the other participants, then in this defamation case - a key part of which is about the claim in HuffingPost "She also illegally recorded internal conversations within Tesla without anyone’s permission, which is clearly criminal conduct" - she has a good chance to lose, as it's not defamation if it's true.

Re: Former Tesla engineer sues for defamation

#113
post #10

There are lots of problems here and it seems to me that Tesla is being a bully. Cristina Balan has a fundraiser page, at https://www.gofundme.com/f/a86fmm-fighting-tesla-for-defamin... and there is some text there from her, setting out some facts as she has seen them.

Bullying is when I push you over and take your milk. Tesla isn't a bully, Tesla has been part of the corporate capture of the American legal system, the CEO can literally call you a pedofile and be found not guilty of libel. If you're not powerful enough you can't even get a lawyer to represent you.

Perhaps our legal system found that there is no evidence of libel and you are picking and choosing which legal decisions you agree with despite all being as part of the same system.

Re: Former Tesla engineer sues for defamation

#114
post #10

There are lots of problems here and it seems to me that Tesla is being a bully. Cristina Balan has a fundraiser page, at https://www.gofundme.com/f/a86fmm-fighting-tesla-for-defamin... and there is some text there from her, setting out some facts as she has seen them.

Bullying is when I push you over and take your milk. Tesla isn't a bully, Tesla has been part of the corporate capture of the American legal system, the CEO can literally call you a pedofile and be found not guilty of libel. If you're not powerful enough you can't even get a lawyer to represent you.

If the CEO does this in a private conversation, as in you and CEO, I don't see how this could be libel.

Re: Former Tesla engineer sues for defamation

#115

Earlier quoted context omitted.

She only started recording meetings to collect evidence after being "bullied, humiliated, demoted and retaliated against in the most horrible way possible." Seems ... justified.

As far as I understand, doing that (recording meetings without notifying other participants) is a crime in California ( https://codes.findlaw.com/ca/penal-code/pen-sect-632.html ) and that justification does not make it permissible. So if she admits that she did record these meetings without informing the other participants, then in this defamation case - a key part of which is about the claim in HuffingPost "She als…

Even if she broke the law when making the recordings, it's not clear that the recordings can't be used in court. [1]

This would be different if it were the police illegally procuring evidence, under the 'fruit of the poisonous tree' theory, but here it's just a private citizen. So while she could surely be punished for breaking laws related to recording people, that doesn't seem to foreclose the possibility that she could use the recordings in court to prove her case.

1: https://acitylawfirm.com/recorded-conversations/

Re: Former Tesla engineer sues for defamation

#116
post #90

This is hilarious, her gofundme is mostly funded by Tesla Shortsellers and they're not even hiding it... I haven't read her claims but this is amusing. Gregory Reyes $5,000 (shortseller) Donna Walker $1,212 (shortseller) NetflixAndLamp $1,000 (shortseller) DIP Harambe $500 (shortseller) Machine Planet $500 (shortseller) Paul Shust $250 (shortseller) Naked Shortseller $100 (shortseller) Oslo Skeptic $100 (shortseller)…

Can you provide the most prominent names? Being funded by short sellers does not imply her case is false: they can be independent, albeit the same goal ("your enemy is my friend"). PS: Tesla fans or stock holders could be the reason why this story was initially flagged

It’s a bit odd to focus on the short sellers anyway. If her funding by short sellers puts her honesty in question then wouldn’t the same logic put Tesla’s honesty about her in question as well? Both sides are making claims in line with their financial interests.

Re: Former Tesla engineer sues for defamation

#117

Earlier quoted context omitted.

He faced a tone of consequences, just not criminal or civil charges in a court.

> He faced a tone of consequences, just not criminal or civil charges in a court. I never could understand how what he said wasn't considered defamation. If that's not defamation, what is?

Just speculating but...

The legal system has a concept of "no harm no foul," (i.e. the concept of a "tort"), and if nobody believed Elon's obviously stupid tweet, there would be no tort to sue on.

Re: Former Tesla engineer sues for defamation

#118
post #114

Earlier quoted context omitted.

Bullying is when I push you over and take your milk. Tesla isn't a bully, Tesla has been part of the corporate capture of the American legal system, the CEO can literally call you a pedofile and be found not guilty of libel. If you're not powerful enough you can't even get a lawyer to represent you.

If the CEO does this in a private conversation, as in you and CEO, I don't see how this could be libel.

I don't think tweets and newspaper editorials are considered private

Re: Former Tesla engineer sues for defamation

#119
post #58

Earlier quoted context omitted.

That presumes you're in a legal jurisdiction where one-party consent is allowed for recording conversations doesn't it? Otherwise it would be inadmissible.

Inadmissible in court, but you can always leak to the press and see what happens.

At the risk of attracting more downvotes, I persist. The problem with corporate malfeasance and bullying, of which Elon Musk seems to be a specialist, is that people are afraid to retaliate.

We shouldn't be afraid.

I personally sued big corporations, as an individual, two times, and won. Granted, this was in Europe, not the US, but the warnings and hand-waving of people telling me one should never do that were similar.

If you care enough about the issue, and don't care much about the risks, which are usually wildly exaggerated, the odds are actually in your favor.

Re: Former Tesla engineer sues for defamation

#120
post #10

There are lots of problems here and it seems to me that Tesla is being a bully. Cristina Balan has a fundraiser page, at https://www.gofundme.com/f/a86fmm-fighting-tesla-for-defamin... and there is some text there from her, setting out some facts as she has seen them.

Why is it written so poorly?

As mentioned in the article, she is from Romania and representing herself, so there is no legal team assisting her. I think non-idiomatic English does not make it "written so poorly" if that's what you are referring to.
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