Court Rules Elon Musk Must Continue to Face Lawsuit Over His Role in DOGE

U.S. District Judge Tanya Chutkan rejected billionaire Elon Musk’s request to dismiss a lawsuit for illegally wielding power over federal government operations. Musk and others were sued by New Mexico and other states for improperly interfering with government operations.

The plaintiffs allege that Donald Trump and Musk had violated the Appointments Clause of the Constitution when he gave Musk and DOGE sweeping authority to carry out mass firings, terminate grants and contracts, and access sensitive government data without congressional approval. In essence, Musk has exercised executive cabinet level authority without authorization from Congress – Musk’s department was neither created by Congress nor had Musk been confirmed by the Senate.

Musk and Department of Justice lawyers have argued that he is not legally in charge of the “Department of Government Efficiency” (DOGE), but Trump and other administration officials regularly name the billionaire as the leader of the effort while touting its alleged successes. However, Judge Chutkan found that there was enough initial evidence to allow their claims that Musk, as a special government employee, has similar power to Senate-confirmed Cabinet officials to continue.

Musk has promised to leave DOGE to focus on Tesla and his other businesses. However, Musk is leaving at a time when the alleged agency has become under increased scrutiny for inaccurate and overstated savings claims.

When Can an Employer Fire an Employee?

The majority of employees in the United States are generally at-will. Either the employee or employer can end the relationship at any time for any reason as long as it is not an illegal reason. It is illegal for an employer to fire an employee if the termination was based on illegal discrimination against a protected characteristic, such as race, class, nationality, or other protected trait.

Termination may also be illegal if the employee is protected by a contract or by state or federal law. If an employment agreement states that an employee is guaranteed the position for five years, then it would be illegal for the employer to terminate the employee before the five years are over. Likewise, if a state or federal law guarantees employment for certain duration, then it would be illegal for an employer to fire that employee during that time period. The most famous secured employment is federal judges, who are guaranteed a lifetime position by the U.S. Constitution itself. 

Although most employers do not have scope, scale, or power of the federal government, many of the same principles regarding termination apply. An employer cannot circumvent the law by delegating the task to another employee or even a contractor. If someone is acting without the employer’s prior authorization, but the employer approves of that action in hindsight, then the employer can still be liable for their action by a legal doctrine known as ratification. If Musk cannot escape potentially illegally firing workers, neither can your employer.

Do I Need an Employment Lawyer?

If you believe that your employer has violated your legal rights as a worker, you should hire a local employment lawyer for further assistance. A skilled employment law attorney can help protect your interests and defend your rights under the law. Your attorney can also assist you in filing a lawsuit against an employer and/or colleague and in recovering damages for any losses that you suffered.