Tesla Whistleblower wins the last legal battle in the fight against Musk

A Tesla informant who fought Elon Musk and his company through the courts for years has won the last round of a longtime legal battle.

Engineer Cristina Balan lost her job after raising a safety problem in 2014 on a design defect that could influence the braking of cars.

His claim of defamation against the company seemed to have exhausted the road when a judge confirmed a arbitration decision that rejected his case, but a jury of appeal in California reversed this decision in his favor.

He told the BBC News that Elon Musk and Tesla now wants to face in the open field.

Tesla did not respond to a commentary request.

Balan said he believes that the case will now return to the starting point and that new procedures can be launched.

“We hope that we will start a new cause and we will have the opportunity to face Elon Musk in front of a jury and a judge,” he said.

The engineer was once so important in Tesla that his initials were engraved on the batteries within the Model S. vehicles

In an interview with BBC News last year, he said he is determined to demonstrate his innocence for the good of his son.

He also revealed that he was in remission from breast cancer Stadium 3B, and his greatest concern was that he may not live to see his last day in court.

Ms Balan said she was worried that the rugs were getting growing under some pedals in the Tesla models, creating a danger to safety.

He said the managers rejected his concerns, became hostile and lost his job.

He therefore won a case of unfair dismissal, but this proved to be the beginning of a long journey through the courts.

Ms Balan was publicly accused by Tesla to use her resources for a “secret project” – accusations that are equivalent to undue appropriation, a crime pursuant to the US law.

He constantly denied the accusation and decided to bring a case of defamation against the company in 2019.

“I want to erase my name,” he told BBC News last year.

“I wish Elon Musk had the decency to apologize.”

A court therefore decided that the case of Ms. Balan should be subject to the arbitration for a contract he signed while working for Tesla.

The referee found in favor of the company and the musk, rejecting his statements, due to the statute of California limitations, which means that too long had passed since the alleged defamatory declarations were made.

Tesla reported the case in a district court in California to confirm the decision.

However, Ms Balan appealed to this decision and the judges of the United States Court of Appeal for the ninth circuit found in his favor – in fact, deciding that the Court of California did not have the jurisdiction to issue its sentence.

They ordered to delete the confirmation of the referee for the arbitration and for the district court of fire to the action due to his lack of jurisdiction.

● What could happen later?

Most of the legal experts that the BBC spoke of believing that the case has somehows to go before there will be a conclusion.

“Tesla is among the numerous companies that force employees and customers to opaque arbitration processes and distribute aggressive strategies to take revenge against employees who express criticisms of corporate practices,” said Professor Anat Admiti of Stanford.

And Bill Moran, a lawyer of Ms. Balan, has agreed that the legal process is far from finished.

But he said the case was “revived” by the last sentence.

“We are confident of being able to secure a new arbitration or alternatively a trial in court so that his case can be heard on the merits after so many years,” he said.

“He fought cancer during the awareness of this case … it is the epitome of strength and resolution, and now it is a step forward towards the justice it deserves.” [BBC]

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