X marks the spot where Twitter's severance math doesn't add up

A group of former Australian Twitter employees are reportedly being asked to return oversized severance checks seemingly because their ex-employer doesn't understand how to convert currency. The Sydney Morning Herald reported X's demands yesterday, saying that letters had been sent to "at least" six former Twitter staff …

[DS999]

I hope they all keep it

With how Musk is screwing over others out of their promised severance in the US, screwing over landlords by refusing to pay rent, and so forth it is good to see Musk on the other end of the screwing for once.

If he tries to sue them as promised, the Australian government should say "we're putting all these cases on hold in our courts until Twitter is in full compliance with our laws" which would guarantee they're free keep that money forever as there's no way Musk is ever going to follow the law.

[MachDiamond]

Re: I hope they all keep it

It would be a great question for an online legal resource to get an estimate on how much it might cost Elon to pursue an action against somebody. Below a certain amount, Elon would be stupid to pay blood sucking attorneys to recoup the money. It depends on what lawyers in Oz charge per hour for filings and court appearances to find the break point. Not all types of cases allow the collection of attorney's fees by the prevailing party so that's a factor as well.

[Excused Boots]

""We would be grateful if you could arrange the repayment to us … at your earliest convenience,””

Certainly, I’m a bit busy at the moment so my earliest convenience is looking like January 27th 2047 - expect a cheque (check?) then!

Or anyone in receipt of said letter, responds with a request for further information, you dispute the money owned and demand a full explanation of the basis for requesting it and a breakdown of the calculations. Lawyers are famous for prevarication, so don’t expect a reply for months. And one it does apply and you conclude that it has merit, you then respond with an offer to repay it at, say $20 a month - as that’s all you can realistically afford.

If the Australian legal system works the same as the UK’s - I suspect that it does - then Courts really, really look favourably on a party trying their best to behave reasonably and settle amicably. So in such a case should ‘X’ sue and win, then the likelihood is that the Court would refuse to order costs against the losing side, and make an order that they were to pay off the ‘debt’ at a rate of $15 per month!

Oh - mandatory disclaimer - IANAL! But I do know how these things tend to play out!

[Eclectic Man]

Details

Twix* should certainly state how the amount of the funds to be returned is calculated, and how they got the conversion wrong in the first place. Of course some people may have just trusted that their initial payment was correct and, well, spent it, on maybe a new car, moving house, college fees for the kids (sorry I have no idea how education works 'down under'). So the court case(s) may not actually be that simple.

There is a sort of precedent in the UK. A pensioner was concerned that the then DHSS* was paying her more than she was entitled to and wrote several letters explaining her concerns. The DHSS assured her it was all fine in writing, so eventually she kept the money and spent it. A year or so later, the DHSS discovered their mistake and requested the money back. She refused having (a) a letter from them saying it was her money, and (b) spent it. So the DHSS sued her, and, because she had kept the letters, she won.

Whether the former employees can legally keep the money may depend a lot on what is recorded in writing, and what was agreed between the staff and Twitter at the time.

*Come on! You know I don't mean the sugary comestible.

**The UK's then Department of Health and Social Security, also known facetiously as the Department of Stealth and Total Secrecy, as getting any information out of it was usually impossible.

[graeme leggett]

Re: Details

I thought it was "stealth and total obscurity"

[UnknownUnknown]

Re: Details

Whereas the DWP are prosecuting over payments to carers with aggressive vigour.

[Doctor Syntax]

Re: Details

I can't think what the W might possibly stand for.

[Anonymous Coward]

Re: Details

I once did some contracting there and I was told not to work so hard because I made them look bad.

And no, I wasn't working hard, but if you're surrounded by people that work at the velocity of a snail with the handbrake still on then yes, I can see why that could pose a problem.

As for what the W stands for, it's not going to be 'work', but the other 'w' I was thinking of would not apply either as that would still require more vigor than I see these people capable of.

[My-Handle]

Re: Details

I guess it all hinges on where that error actually occurred. If it literally happened at the point of transfer, with no other documentation referring to the amount, I'm guessing Twitter might have a more solid case. If the error happened further upstream, say when the amounts were officially calculated, then the recipients may well have letters referring to that amount, which they then received. Twitter would definitely be on less firm ground there, especially if there were any terms like "final settlement" or similar in said letters. A lot of shadier companies are fond of using terms like that in severence packages, as it can shield the company from legal action later (e.g. the recipient can only get the severence on the condition they don't sue). I'd love to see an arrangement like that backfire in a situation like this.

[Howard Sway]

"Thanks for your support!!"

He's about to be given $46 billion by idiots and yet he's still begging for pennies. Let it be a lesson for him to pay for more competent staff in future.

[localgeek]

Re: "Thanks for your support!!"

If only there were a parable about a man forgiven an enormous debt trying to shake down someone who owed him a much smaller amount that might apply here.

[My other car WAS an IAV Stryker]

Re: "Thanks for your support!!"

I can only give one upvote*, so I'm adding this --->

* Would the source in question require 4 upvotes, or 7?

[Anonymous Coward]

Re: "Thanks for your support!!"

I suspect the Koran (or the Old Testament) gives more appropriate guidance here than the New Testament.

[Cruachan]

Re: "Thanks for your support!!"

He was sacking people on twitter for publicly disagreeing with him at one point, so safe to say at this point whoever is left is either desperate and/or extremely docile.

Good thing he can't see who's liking the tweets calling out his behaviour though, but sadly according to the BBC he HAS won the shareholder vote over the Tesla payout.

https://www.bbc.co.uk/news/articles/cleezyxjv4jo

[CowHorseFrog]

Re: "Thanks for your support!!"

Theres a document that states in its opening that all humans are created equal, and yet 100 years later black humans and others like native americans didnt have human rights.

You need a lesson in understand who are People and who arent in Corporate america.

[UnknownUnknown]

Re: "Thanks for your support!!"

Or women. Indeed US Equality Legislation was never ratified properly by the States and remains off the statute books to this day.

[Alumoi]

Re: "Thanks for your support!!"

Corporations ARE people. The rest? Fuck them!

[Steve Goodey]

PE.

Perhaps Arkell v. Pressdram would be a suitable response?

[Anonymous Coward]

Full and final settlement

Herewith enclosed your full and final settlement…

..thanks very much

..time passes

..oh, it’s too full and not quite the final amount

..twats

[gnasher729]

I have twice received settlements, and each time the company offered an amount that I could accept or reject. Each time it was a good amount more than was legally required to make sure I accept (and give up any right to sue them so to the company the matter is closed).

How they calculate the amount offered is none of my business and I don’t care, nor will any court. I didn’t check, but it’s quite likely that by accepting their offer both sides gave up their right to sue, or my employment lawyer would have told me.

[Winkypop]

Dollars to dollars

But who knew there were different dollars?

Mind blown

[UnknownUnknown]

Re: Dollars to dollars

Disney Dollars ?

[Insert sadsack pun here]

Re: Dollars to dollars

AUD are dollarydoos.

[Magani]

Re: Dollars to dollars

AUD (Australian Dollars): AKA South Pacific micro-Pesos

[CowHorseFrog]

DOesnt Musk own an AI company ?

WHy does he even have any human workers ?

[MachDiamond]

"DOesnt Musk own an AI company ?"

According to Elon, Tesla IS an AI company, and the best one to boot.

[Anonymous Coward]

Hopeless

They're so hopeless they can't even remember or imagine they need to do currency conversion for people outside the US.

It doesn't bode well given Musk has dreams of X becoming a payments app and platform.

[nojobhopes]

Re: Hopeless

Ironic since Musk was CEO of Paypal for a while

[Anonymous Coward]

Re: Hopeless

Technically he was CEO of X.com (post merger of Musk's X.Com and Confinity - the latter bringing Paypal) when given the boot by the board, X.Com did not rebrand as Paypal until a year later.

[MachDiamond]

Re: Hopeless

"Ironic since Musk was CEO of Paypal for a while"

Well, CEO of Cofinity for a few weeks until he turned his back and got voted off the island.

[Pascal Monett]

"We would be grateful"

I'm sure you would but, as has been said here, your payment was accompanied by a letter saying that that was the amount and there was no negociation to be had.

That also applies to you.

Fuckwit.

[Bebu]

"Tell them they are dreaming"

Aussies will get the reference.

Apparently the deluded Tesla shareholders have approved their leader-for-life's USD56B compensation package.

$1 can be worth anything from less than a razoo to considerably more which is why it sensible to use the 3 letter codes.

A bit like metric units - once embraced whole classes of potential cockups vanish.

Still don't understand how the twits at X managed to convert from USD to AUD at a rate of 2.5 as the AUD has very rarely been anywhere near parity. In the 1960s the £AU (AUP?) to USD might have been around 2.5.

The better half once worked in a financial institution where a client was mistakely paid a similar amount. The client said he thought it was an inheritence and had spent it but offered to repay the sum at AUD1.00 per month (or some similar trivial sum.) Calculating it would take the old codger over 200 years to pay off the debt they decided it was cheaper just to write the debt off.

[Doctor Syntax]

If he wants a check cut out a piece of fabric and send it. Houndstooth seems reasonable but if he wants a bigger one, try a piece of tartan.

[Anonymous Coward]

Time to add an admin charge so that Twitter owes more money instead of reclaiming any.