Dustin Whidden, a Major in the US Army Reserves, has filed a lawsuit against his former employer, Form Energy, Inc., for alleged wrongful termination. This legal action is notably backed by Elon Musk’s social media platform, X, where some of Whidden’s contentious political posts were shared.
We obtained a copy of the lawsuit for you here.
Whidden, who has over twenty years of military service, claims his firing was both retaliatory and discriminatory, based on his military obligations and his political expressions on social media.
According to the lawsuit, Form Energy terminated Whidden’s employment right after he returned from his compulsory military training, a move he argues violates the Uniformed Services Employment and Reemployment Rights Act (USERRA). The lawsuit further contends that Whidden was targeted for his political beliefs shared on X, including retweets that Form Energy deemed inappropriate.
Form Energy has received funding from the US Federal Department of Energy (DOE).
The complaint states: “In his social media posts, Whidden expressed his personal political views, opinions, and beliefs. Whidden made his posts on his personal time to his personal social media account. His posts were unrelated to Form Energy.”
According to the complaint, “In retaliation for Whidden’s exercise of his free speech rights, Form Energy took disciplinary action against him, required him to censor his speech, attend individual ‘reeducation,’ and ultimately terminated his employment.”
The complaint continues: “Whidden complied with the requirements of the plan for improvement. He made his X account private (going so far as to make the name of the account anonymous) and deleted all posts, likes, reposts, comments, etc., made under the name @DustinWhidden, including those posts to which Form Energy objected.”
X’s platform, known for advocating fewer restrictions on speech, appears to align with Whidden’s fight against what he perceives as punitive measures for his political outspokenness.
Form Energy, a company specializing in innovative energy solutions, has yet to respond to the allegations. However, the lawsuit details a series of interactions leading up to Whidden’s dismissal, portraying a workplace increasingly uncomfortable with Whidden’s political stances and his military duties.
The case, filed in the Northern District of California, seeks not only Whidden’s reinstatement and damages but also aims to challenge the broader practices of employer interventions in employees’ political and social expressions outside of work.
