Tesla loses lawsuit by former exec

David is on the TMC message board, and posted about receiving his Epic EV a few days ago:
Epic EV from Ampev - Page 2

Interesting. I don't think all of them would get awarded. If I'm not mistaken this was when Tesla experienced continued delays in bringing the Roadster to production and into customers' hands. This was the time when Elon actually took position at CEO and started to get things grinding.

Good for DavidV to get a reward of some sort, but at the same notion... if certain members of the team weren't getting the job done was it really a surprise?

aznt1217 said:

Interesting. I don't think all of them would get awarded. If I'm not mistaken this was when Tesla experienced continued delays in bringing the Roadster to production and into customers' hands. This was the time when Elon actually took position at CEO and started to get things grinding.

Good for DavidV to get a reward of some sort, but at the same notion... if certain members of the team weren't getting the job done was it really a surprise?

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At the same time, painting the picture in the media that the communications guy, the HR person, and the IT guy, among others, are the reason for the Roadster's delay is disingenuous at best.

-- DavidV

Sounds like the award was for stock options. Did the laid off people not get a chance to buy their vested options?

DavidV said:

At the same time, painting the picture in the media that the communications guy, the HR person, and the IT guy, among others, are the reason for the Roadster's delay is disingenuous at best.

-- DavidV

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You make an excellent point. It's probably why you won.

On the ABG article it was mentioned that you might buy a Model S. Is that true? If so, I'm very impressed.

Cosmacelf said:

Sounds like the award was for stock options. Did the laid off people not get a chance to buy their vested options?

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I can't speak for the others, but in my case the court said: "The Court finds that

Plaintiff vested and exercised and was contractually entitled to incentive stock options of

10,000 shares of Tesla common stock at the time of his termination of employment. The

contractual provisions regarding vesting and exercise of incentive stock options between

Plaintiff and Defendant were ambiguous, all such documents were drafted by Defendant

without negotiation with Plaintiff, and all such ambiguity is construed against Defendant."

-- DavidV

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Grendal said:

You make an excellent point. It's probably why you won.

On the ABG article it was mentioned that you might buy a Model S. Is that true? If so, I'm very impressed.

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Thanks! I'd love a Model S, but have way too many cars at the moment (including 2 EVs). That being said, I'd definitely thin the herd for a Model S.

-- DavidV

domenick said:

Tesla has lost a lawsuit filed by former Director of Communications David Vespremi. While the courts only awarded $207,000, the case could set a precedent for a class action lawsuit involving 99 other former employees.

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Further evidence that journalism is, well, in a sad state:

1. Tesla was described as a Goliath. Nobody in the car (or related) industry would describe Tesla in that fashion. Lazy and reaching.
2. They used the term "mass firing" and apparently repeated someone else's "Stealth Bloodbath" phrase to describe 26 "let go" employees. I don't see what's stealth or bloodbathy about it, but that's not their phrasing so they get a small pass. But since when is 26 "mass"? Was that even 50+% of the company's employee count at the time or something?

Sorry, Domenick; I'm cranky for some reason tonite.



@DavidV - Glad to hear the troubles with the company didn't sour you on the tech, or the vehicle.

brianman said:

Further evidence that journalism is, well, in a sad state:

1. Tesla was described as a Goliath. Nobody in the car (or related) industry would describe Tesla in that fashion. Lazy and reaching.
2. They used the term "mass firing" and apparently repeated someone else's "Stealth Bloodbath" phrase to describe 26 "let go" employees. I don't see what's stealth or bloodbathy about it, but that's not their phrasing so they get a small pass. But since when is 26 "mass"? Was that even 50+% of the company's employee count at the time or something?

Sorry, Domenick; I'm cranky for some reason tonite.



@DavidV - Glad to hear the troubles with the company didn't sour you on the tech, or the vehicle.

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Thanks, Brianman.

I'll take a shot at these two observations:

(1) It was a David vs. Goliath battle relative to the two parties involved. Keep in mind, this wasn't Tesla Motors vs. Ford Motor Company - in which case the analogy would go the other way. Plus more than five years of my life were tied up in this.

(2) Keep in mind how small Tesla was at the time and what a relatively big percentage of the management team that represented.

-- DavidV

David - from reading the original complaint, looks like you worked for Tesla less than a year? Did you continue to work for them after they changed your status to independent contractor in late 2007, early 2008? The complaint wasn't clear on that.

Cosmacelf said:

David - from reading the original complaint, looks like you worked for Tesla less than a year? Did you continue to work for them after they changed your status to independent contractor in late 2007, early 2008? The complaint wasn't clear on that.

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I worked as a technical writer for the engineering team (reporting to Marc Tarpenning) before ceasing my work for them - there was some debate/difference of opinion about whether I was fairly characterized as an independent contractor or remained an employee during that time.

-- DavidV

But that work was done in 2008?

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And out of curiosity, who was the CEO at the time of your official termination and switch to contractor?