SpaceX is clearly not open to criticism. After receiving a complaint from the National Labor Relations Board (NLRB) for allegedly firing employees who dared to criticize Elon Musk’s behavior, SpaceX decided to double down by suing the labor board behind the complaint.
Billionaire Musk’s rocket company filed a lawsuit against the NLRB on Thursday, claiming that the structure of the independent federal agency violates the U.S. constitution.
On Wednesday, NLRB filed a complaint against SpaceX for allegedly firing eight employees for writing and distributing an open letter that referred to Musk’s public behavior as “distraction and embarrassment” for the company. The complaint claims that the employees were fired for activities that are protected under the National Labor Relations Act, and a hearing is scheduled for March 5 before an administrative law judge of the NLRB.
In its lawsuit, however, SpaceX claims that the NLRB proceedings violate the company’s “constitutional right to trial by jury.” The company is seeking to block the NLRB complaint from going forward. In November 2023, SpaceX managed to block another lawsuit filed against it, which accused the company of hiring discrimination against refugees and asylum seekers. The company claimed that the administrative judges assigned to anti-immigration bias cases at the Department Of Justice were not properly appointed.
It appears that SpaceX is hoping for a repeat to stay away from those pesky judges. The company’s recent lawsuit also claims that the open letter was a “distraction to SpaceX employees around the country.”
“As our CEO and most prominent spokesperson, Elon is seen as the face of SpaceX—every Tweet that Elon sends is a de facto public statement by the company,” the letter read, calling on the company to “swiftly and explicitly separate itself from Elon’s personal brand.”
“It is critical to make clear to our teams and to our potential talent pool that his messaging does not reflect our work, our mission, or our values,” the group of employees wrote in the letter. The letter further advocated the company adhere to its “no-asshole” and “zero tolerance” policy by making sure there are ways for employees to report bad behavior and punish those responsible for a bad working environment, “whether from the CEO or an employee starting their first day.”
The NLRB complaint claims that the employees were fired immediately after the letter was distributed, and that SpaceX called on others to quit if they disagreed with Musk’s behavior. The company also allegedly interrogated, surveilled and threatened workers as a result of it, the complaint said.
Want to know more about Elon Musk’s space venture? Check out our full coverage of SpaceX’s Starship megarocket and the SpaceX Starlink internet satellite megaconstellation.