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by oarabbus_ 1461 days ago
>In this SpaceX case, they were very clearly discussing working conditions in a substantial part of the memo, and it's quite possible that is in fact protected speech. What muddies it up is adding the parts about also needing to tell Elon to stop being an ass on Twitter; that's probably not protected.

Completely agreed - this reads very much like a protected letter about working conditions, up until the authors made a terrible error by citing the primary action item as addressing Elon's twitter behavior, and putting working conditions as the secondary and tertiary demands. IANAL, but it seems like that will give a lot of ammo to SpaceX's lawyers in what would've otherwise been an open and shut retaliation case.