The woman who took on Tesla (and wants to see Musk in court)
'Blow the whistle on Tesla!' joked Elon Musk to his then 65 million X (formerly Twitter) followers in December 2021, attaching a link to a limited edition 'Cyberwhistle' on sale for $US50 ($78) on the electric carmaker's official online store. Within hours, the stainless-steel collectable had sold out.
The marketing stunt was typical of the irreverent Musk – a self-declared free-speech absolutist. The world's most valuable car company had only recently faced lawsuits over alleged sexual harassment, fire risks and security issues at its US factories.
To his legions of fans, the boast suggested Musk had nothing to hide. But, to those making the claims, it likely felt like a snide dig. Why? Because many of those trying to blow the whistle on alleged problems within the company were subject to an 'arbitration clause' within Tesla contracts which meant most employees' only means of resolution was through a confidential hearing. Those who have tried to speak out have found themselves fired, sued for millions of dollars and, some claim, hit by smear campaigns.
Indeed, Musk's confidence four years ago may well have been boosted by his latest legal triumph against a whistleblower, only a month prior to his post.
Cristina Balan – a Romanian engineer whose innovation on Tesla's battery had been integral to its success – had raised safety concerns about the firm's Model S vehicles directly with Musk back in 2014. The carpets behind the pedals had a tendency to curl up, she warned, which could cause the car to either inadvertently accelerate or struggle to brake.
If true, millions of the cars would likely have had to be recalled.
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Tesla, however, dismissed the claims – and Balan quickly found herself out the door. After several years of private negotiations over the loss of her job, she went to the press with her claims in 2017. The company responded by accusing her of misusing its funds for an unauthorised trip to New York on a 'secret project' and making 'criminal' secret recordings of meetings.
In 2019, Balan decided to bring a defamation case against the firm.
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