Patrick Reany
8 October 2024
Patrick:
Just how prevalent is the firing of TicTokers because they made and posted videos while on the company's property, or indicated purposely or inadvertently the company they work for, or they even disparaged their own company on a TicTok video? [Some spelling errors have been corrected.]
Copilot:
Firing employees for their social media activity, including TikTok videos, is becoming increasingly common. Companies are particularly concerned when employees post content that:
1. Disparages the company: Negative comments about the company, its policies, or its employees can lead to termination. This is often seen as damaging to the company's reputation [1].
2. Violates company policies: Posting videos from company property or during work hours can breach company rules, leading to disciplinary action [1].
3. Reveals confidential information: Sharing sensitive or proprietary information can result in immediate dismissal [1].
For instance, there have been cases where employees were fired for posting videos that showed them engaging in inappropriate behavior while on company property or for making derogatory remarks about their employer [2]. The National Labor Relations Act (NLRA) does provide some protections for employees discussing work conditions, but these protections have limits [3].
Have you come across any specific incidents or are you concerned about a particular situation?
Source: Conversation with Copilot, 10/8/2024
(1) HR fire an employee because of a social media post? - HR Dive. https://www.hrdive.com/news/can-or-should-hr-fire-an-employee-because-of-a-social-media-post/566967/.
(2) Workers are filming their layoffs, then posting them to TikTok ... - BBC.
https://www.bbc.com/worklife/article/20240118-workers-are-filming-their-layoffs-then-posting-them-to-tiktok-what-could-go-wrong.
(3) TikTokers, Tokers and Terminations - American Bar Association.
https://www.americanbar.org/groups/labor_law/publications/labor_employment_law_news/summer-2022/tiktokers-tokers-and-terminations/.
Patrick:
I have come across specific cases from a bunch of YouTube videos these fired employees made about their being fired. It seemed to me that the fired people came across as shocked and incensed that they were fired for what they considered a stupid, or at best, a lesser infraction of the rules. It seemed that most of them were ignorant of their company policies regarding such activities. On the one hand it appears that TicTokers are too casual about how they make videos, and they're uninformed about consequences of doing so, but on the other hand, perhaps some of their complaints about being fired is not wrong, and that a warning to them would have been more appropriate. Is it true that, recently, companies have become a lot more concerned about this sort of activity, and thus more intolerant of it, or are companies using it as an excuse to downsize their personnel numbers?
Copilot:
You've touched on a complex issue. The rise of social media, especially platforms like TikTok, has indeed led to more instances of employees being fired for their online activities. Here are a few key points to consider:
1. Increased Scrutiny: Companies are more vigilant about their employees' social media activities because these platforms can significantly impact their reputation. Posts that reveal confidential information, show inappropriate behavior, or disparage the company can lead to swift action [1].
2. Lack of Awareness: Many employees may not be fully aware of their company's social media policies. This lack of awareness can lead to unintentional violations, which might explain why some employees are shocked when they face consequences [2].
3. Company Policies: Companies often have strict policies regarding social media use, especially when it involves company property or work hours. Violations of these policies can lead to termination, even if the employee views the infraction as minor [2].
4. Legal Protections and Limits: While the National Labor Relations Act (NLRA) protects employees' rights to discuss work conditions, these protections have limits. For example, sharing proprietary information or making defamatory statements can still be grounds for dismissal [1].
5. Downsizing Excuse?: There is some debate about whether companies use social media violations as a pretext for downsizing. While this might be true in some cases, it's generally more about protecting the company's image and ensuring compliance with policies [3].
6. Best Practices for Employers: To avoid misunderstandings, companies are encouraged to clearly communicate their social media policies and provide regular training. This helps employees understand the potential consequences of their online activities [2].
It sounds like a mix of both increased concern from companies and a lack of awareness among employees. Do you think clearer communication from employers could help mitigate some of these issues?
Source: Conversation with Copilot, 10/8/2024
(1) 'TikTok' got her fired from her job for sharing her salary on the site.
https://www.usatoday.com/story/money/2022/07/15/tiktok-firing-job-employment-law/7782788001/.
(2) Navigating the TikTok Terminations Trend: Best Practices for Employers.
https://www.randstadusa.com/business/business-insights/employee-engagement/navigating-tiktok-terminations-trend-best-practices/.
(3) TikTok Layoff Videos Pose Quandary for Bosses on How to Respond. https://news.bloomberglaw.com/daily-labor-report/tiktok-layoff-videos-pose-quandary-for-bosses-on-how-to-respond.
(4) Employee Fired for Violating Company Policy | TikTok.
https://www.tiktok.com/@baom6666/video/7417571910898257194.
(5) Ex-ByteDance workers say company retaliated after ... - Axios. https://www.axios.com/2023/09/21/tiktok-employees-lawsuit-discrimination-bytedance.
Patrick:
Then I'm inclined to believe that companies are faster to fire employees now than before for breaches in the company's social-media-use policies.
Copilot:
Yes, it does seem that way. Companies are indeed more proactive and stringent about enforcing their social media policies. The rapid spread of information on platforms like TikTok can have significant repercussions for a company's reputation and operations, prompting them to act swiftly to mitigate any potential damage.
This increased vigilance can sometimes lead to what might seem like harsh or immediate actions, such as firing employees without prior warnings. However, it's also a reflection of the high stakes involved in maintaining a company's public image and protecting sensitive information.
Clearer communication and better training on social media policies could help bridge the gap between company expectations and employee actions, potentially reducing the number of such incidents.
Do you think more transparent policies and regular training sessions would help employees better understand the consequences of their online activities?