Claim Alleges Wrongful Discharge and Retaliation

X, the company formerly known as Twitter, continues to face legal challenges from former employees. Alan Rosa, who served at global security chief for the social media behemoth, has filed legal action in federal court, alleging that he was terminated for expressing his concerns about cost-cutting measures proposed after Elon Musk bought out the company in October, 2022. The lawsuit also names X and Steve Davis, an advisor who runs another Musk company, as defendants.

Lawsuit Alleges Illegal Retaliation

Rosa’s complaint contends that Davis, in collusion with Musk, implemented a number of cost-cutting measures that may potentially make it difficult or impossible for X to comply with federal and international regulations, including a Federal Trade Commission consent degree. Rosa also alleges that he expressed concerns that some of the budgetary changes would compromise the company’s ability to meet the requirements of the European Commission’s Digital Services Act. Specifically, he said that Musk and Davis wanted to stop paying for certain “vulnerability management” software, including an ethical hacking program mandated by the FTC consent decree. Rosa also alleges that Davis asked him to stop using a software program that X would need to be able to provide necessary data to law enforcement officials.

Wrongful Discharge and Employment at Will

In New Jersey and New York, as in most states, employment is considered to be at will. That means that either party to the employment relationship may terminate it at any time, provided that doing so is not in violation of a valid employment agreement, or contrary to law or public policy. As a general rule, terminating an employee for objecting to or refusing to participate in unethical acts is considered contrary to public policy. If a court finds that Rosa’s actions were for the purpose of complying with legal requirements and that he was fired because he objected to those unethical acts, he would have a strong claim for wrongful discharge and retaliation.

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At the Romero Law Group, PLLC, we handle a wide range of legal issues for employees in Nassau and Suffolk Counties; in Brooklyn, Queens, Manhattan and the Bronx; in Westchester; and across Northern New Jersey. We offer a free initial consultation to any employee with a potential employment law dispute. To schedule an appointment, contact our offices online or call us at (631)257-5588.