Can you fire via email? The case of Elon Musk and the Twitter layoffs

Elon Musk, after several months of legal disputes, has had to purchase Twitter and, with it, has begun a series of reforms that have made headlines around the world.

Thomas Osborne
Thomas Osborne
11 November 2022 Friday 08:46
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Can you fire via email? The case of Elon Musk and the Twitter layoffs

Elon Musk, after several months of legal disputes, has had to purchase Twitter and, with it, has begun a series of reforms that have made headlines around the world. One of the most drastic measures has been to lay off 50% of the workforce, since until now the social network had some 7,500 workers worldwide. Thus, approximately 3,750 employees have had to pack their bags and leave their jobs on Twitter. But, the most controversial part of this decision is in the forms, and that is that many of these dismissals have been made via mail, something that has generated a lot of controversy.

In the United States, companies, especially the largest ones, are used to laying off their workers and firing them via email. It is a legal practice in the American country, but the same does not happen in Europe. And it is that, in the case of Spain, and as the main unions have denounced, firing via email is not allowed.

“It reaches us that TwitterSpainSL dismisses its 26 workers by mail. In our country it must be done as a collective dismissal, it requires opening a consultation period, negotiating 15 days and communicating it to the labor authority. Failure to do so makes the dismissals NULL”, assured Pepe Álvarez, Secretary General of the UGT, through his Twitter account.

However, as reported by another channel, the EFE Agency, the email that the Spanish employees of the social network have received is an announcement that their position would be cut, but they have not received the formal dismissal as such.

In any case, what the regulation in Spain establishes is that you cannot be fired either by mail or by WhatsApp, as established in a ruling by the Superior Court of Justice of Galicia. And it is that, this way of dismissing does not meet three of the required requirements such as: that it be in writing, that the facts that motivate the dismissal appear and that it is stated that the letter has been delivered.

National legislation establishes that in order to communicate dismissals in accordance with the regulations, they must be made by hand letter delivery, by burofax, by certified mail or by email when this has an acknowledgment of receipt that the worker has open that email. Although, on this point there is some discrepancy, since according to the Supreme Court the possibility that false identities can be created may mean that these telematic reading receipts are not sufficient proof.

In the case of Twitter, moreover, it is no longer that the legislation does not support dismissals via email, as has been mentioned; but it would be a collective dismissal. In these cases, the processes are much more arduous, since negotiation with the workers' representatives and other procedures are required based on article 51 of the Workers' Statute.

If the company you work for notifies the dismissal by WhatsApp or by mail, as these are two formulas not allowed by Spanish legislation, you must continue to go to the job. This is the first step to follow, otherwise the employer may allude to a breach of contract by not going to work. Therefore, given the lack of legal support in Spain for this dismissal formula, the first response is to continue carrying out the agreed professional tasks.

The second step will be to wait to receive it correctly – letter by hand, burofax or certified mail – and evaluate the type of dismissal. In the case of Spain, there are three ways to be fired: objectively, disciplinary and by collective dismissal. In any case, the challenge to the dismissal is always open if you do not agree with it.

With all this, it can be concluded that the way of dismissing via mail in Spain is not a legal practice as it does not comply with the formalities established by law. In addition, if you do not agree with the dismissal, there is always the possibility of challenging it.