TikTok layoff videos pose risks for those posting them and employers
The following contribution is by Cristina Criddle. Cristina writes about technology for the FT and specialises in artificial intelligence and social media. She won gold at the MHP Group’s 30ToWatch journalism awards in 2023 for her technology reporting. Previously, she was a technology reporter at the BBC, where she presented on TV, radio and podcasts, as well as producing the documentary The Instagram Effect.
Gen Z workers posting layoff videos are trending – but they may damage their future prospects
An unexpected online meeting appeared on Heather Haynes’ calendar last April, sparking suspicions that she was at risk of being made redundant. In response, she picked up her phone and pressed record, capturing the moment she was made redundant in a video that would go on to attract 10 million views. “The lack of growth and declining revenue from our clients has negatively impacted our business beyond what we can sustain,” she was told. “It has forced us to make very difficult decisions to eliminate roles within the agency, [including] your role.”
In response, Haynes put her hands to her mouth in shock.
She realized the nature of the meeting and cried as she was told the news. Afterward, she grabbed her phone and stopped filming.
“I felt alone, and watching videos of layoffs helped me feel normal and that this is part and parcel of being in the corporate world.” Kelly Lim
Videos like this are now becoming common on social media, as more workers post their experiences and often record calls about their jobs being laid off.
More than 32,000 posts on TikTok now carry the hashtag “layoffs.” And the trend of making layoffs public, particularly among younger workers, has created new challenges for companies managing their public image.
A change driven by Gen Z
“The rise in social media posts about layoffs is part of a broader shift in the workplace driven by younger generations, particularly Gen Z,” says Katherine Loranger, chief people officer at Safeguard Global, a human resources software company.
“They are not afraid to voice their frustrations publicly, and ‘loud resignations’ on platforms like TikTok have become a viral trend.
These employees use social media to voice their opinions about toxic workplaces, poor management or unfair treatment, forcing companies to confront the spotlight,” she notes.
Kelly Lim, a tech sales worker in Singapore, regularly records “A Day in the Life” videos for TikTok and recorded a meeting where she was fired, which has racked up more than 10,000 likes. She says she decided to post it to inform her followers and demonstrate “how volatile it is to work in tech.”
“I was definitely hoping to cause a stir, as most TikTok layoff videos do well,” she adds.
“I felt lonely and watching layoff videos helped me feel normal and like this is part and parcel of being in the corporate world.”
TikTok commentator Kelly Lim wanted to show “how volatile it is to work in the tech sector”
Lim chose not to name her employer to avoid contract breaches, but others have been bolder, including the voice and names of meeting attendees and the company.
“In the age of social media, when everyone carries a camera in their pocket, employers need to be aware that any meeting, including those many would consider sensitive, can be recorded… [and] covert recordings are an increasingly common feature of the employment landscape,” says Lucy Gordon, a partner at Walker Morris, a law firm.
Under UK law, employees must be consulted before being fired to ensure a fair dismissal
In the US, there are fewer regulations, which vary by state and company size.
“Once an employee is notified or their employment is terminated, it is difficult to take action against them for breach of confidentiality or breach of contract when recorded meetings are shared publicly,” says Audrey Williams, an employment lawyer and partner at Keystone Law, but adds that there may be data protection or privacy rights that could be relied upon instead.
Deloitte, which has laid off hundreds of employees this year, has been mentioned in multiple videos
While, last year, massive cuts in the tech sector saw workers at Google and Meta film their perspectives as well.
No regrets: “This is going to put more pressure on companies,” says Cierra Desmaratti
Cierra Desmaratti racked up more than 71,000 views when she posted her story about being fired from Deloitte. She described it as an “intimidating environment” where she felt out of place and was expected to “work overtime.”
“I didn’t fit into the culture and I felt like I wasn’t authentic to myself and I couldn’t be myself with everyone,” she said in the video, holding a wine glass filled with water.
“Of course, nobody wants to get that surprise [dismissal] email, [but] I’ve never felt so peaceful,” she added.
Desmaratti tells the FT that she felt vulnerable making the video and that it was “like having a target on my back,” but that she has not faced retaliation from the company. She posted the video to empower others, she says, as she regretted not speaking out at the consultancy.
“Things are changing. Faces like mine are out there bravely”
“We are not just numbers that are brought to the table and can be dismissed. We are real people. And now this is going to put more pressure on companies.”
Deloitte says it does not discuss people’s work details “out of respect for privacy obligations.”
However, Margaret Buj, a recruiter and career coach, says that “while recording a layoff may provide short-term validation, it can hurt future career prospects. Employers may view the act of publicly sharing such experiences as a red flag, wondering whether the person will divulge confidential or internal information in the future.”
“I have worked for tech companies for almost two decades and, at least in the tech industry, being associated with a viral layoff story could make some companies hesitant to hire them, even if they are highly qualified in other ways,” Buj warns.
The harsh reality of posting your firing on TikTok
The following contribution is by Amanda Hoover is a general-affairs writer at WIRED. She previously wrote tech articles for Morning Brew and covered New Jersey state government for The Star-Ledger. She was born in Philadelphia, lives in New York, and holds a degree from Northeastern University.
Workers are posting their firing and termination meetings on TikTok, exposing a darker side of work life.
The layoffs in the tech sector keep coming. Workers are anxious and frustrated, as more than 400,000 people are estimated to have lost their jobs in the past two years. Younger workers, particularly Gen Z, are posting via TikTok.
People have been sharing day-in-the-life videos about how they were laid off, or videos of their company firing them, for more than a year.
Some post haunting countdowns documenting the moments after receiving the dreaded spontaneous calendar invite. Others share tears.
And still others circulate surreptitiously recorded clips of company-wide meetings or individual layoff calls.
A woman who lost her job at TikTok last year made a TikTok about stealing “company assets” (i.e. snacks) on her last day. By posting them, these workers make public moments that have long been private and often kept quiet by both employees and employers.
Last week, one such TikTok went viral. Brittany Pietsch posted a video taken while she was being laid off from a sales position at the security firm Cloudflare
She did not respond to an interview request from WIRED, but told The Wall Street Journal this week that she had no regrets about posting it and had already been contacted by other companies.
The trend speaks to the ways younger workers have pushed back against corporate demands but also sacrificed their own privacy in exchange for views.
Workplace content is huge on TikTok. Young employees care about finding work-life balance, social impact, and purpose.
All of these values are reflected in the way they post: They documented their “5-to-9 job before the 9-to-5,” started a quiet resignation campaign, and used TikTok to romanticize their early stints in the office as Covid-19 cases declined.
After flaunting the benefits, they’re now showing the reality of losing lucrative jobs in tech.
Some of these videos have made an impact
In 2021, the CEO of mortgage company Better.com apologized after a video of him firing hundreds of people went viral. Cloudflare’s CEO told X this week that while the company was not wrong in its firing decisions, “the mistake was not being kinder and more humane in the way we did.”
The company did not respond to a question from WIRED about how the video had affected company and employee trust in Cloudflare or whether it would handle these types of meetings differently in the future.
Other impacts are less specific
In some cases, the videos are being praised for destigmatizing layoffs, showing how common it is to lose a job and helping people connect.
But the trend of recording employers also points to another problem in the workplace: the erosion of trust. “Both sides just don’t trust each other as much as they used to,” says Johnny C. Taylor Jr., president and CEO of the Society for Human Resource Management, a business association.
The trend speaks to the ways younger workers have pushed back against corporate demands but also sacrificed their own privacy in exchange for opinions.
Shifts toward remote work have allowed companies to conduct layoffs over Zoom
rather than in an office where colleagues can watch them clear their desks. “But workers are pushing back and saying, ‘I’m going to broadcast it,’” says Daniel Keum, an associate professor of management at Columbia Business School.
He believes this is not a short-sighted or accidental decision. “These are tech workers who tend to be highly educated,” Keum says.
“They’re being pretty strategic and calculating,” understanding that with so many people recently laid off, it’s a safer time to share that they’ve lost their jobs without being judged.
In Pietsch’s video, she pushes back against her firing, expressing the ways she sees herself as a valued employee. Many commenters both applauded her and criticized the way other Cloudflare employees responded to her.
Still, posting a firing isn’t always the perfect move. There are some legal concerns; laws on secret recordings vary by state.
And videos, if cut and edited in a way that shows the company in a false light, could lead to potential defamation cases, Taylor says.
Being vulnerable can help you
Other types of firing videos — where a person reacts immediately after a firing meeting, without sharing the video of the meeting — can have a completely different effect, Taylor says.
Being vulnerable “can actually help you” network and showcase your skills to future employers. But those who are bitter and vent or post to take advantage of their companies might have a harder time building rapport with new employers. “You could win the battle and lose the war,” Taylor adds.
Despite the risks, these videos pull back the curtain and offer viewers a look at life in a time of job uncertainty. “I feel weird,” a woman who also posted her firing on TikTok this month tells the camera at the end of the video. “Am I being weird? Are you as uncomfortable as I am?” Uncomfortable or not, millions of people watched.
Workers are recording their layoffs and then posting them on TikTok. What could go wrong?
The following contribution is from Lillian Stone who is a features correspondent for the BBC.
Video call layoffs are becoming social media fodder, especially for younger workers
In an era of remote working, some employees are recording and posting their layoffs on video on social media. It can be empowering in a lonely situation, but is it sensible?
Millions of people on social media have watched tech worker Brittany Pietsch being fired from her job on a video call
On January 12, Pietsch, a former account executive at US IT company Cloudflare, posted a nine-minute video on TikTok. The caption: «When you know you’re about to be fired, you film it.»
The video shows Pietsch’s impassioned reaction as two company representatives she’s never met explain to her that she hasn’t met “performance expectations” and will be fired.
In the conversation, she defends her job, details the positive feedback she’s received, and quizzes the company representatives on the specific reasons why she’s among the workers being laid off. (Employees on the other line declined to provide any.)
Similar videos are gaining traction on TikTok and X (formerly Twitter), as rolling layoffs continue to impact industries around the world. In a new twist for the current employment landscape, many of these layoffs happen to workers over video calls in their own homes — an isolating event for a young worker, especially if it’s their first layoff.
Some viewers may view layoff videos as transparent and empowering — especially those who can relate to the experience — comments can also be a place to share workplace tips for coping with a layoff.
In Pietsch’s case, she recorded and uploaded the firing “so she could share what happened with family and friends,” she told the Wall Street Journal on Jan. 16. But experts warn that turning a layoff into social media content, no matter how well-intentioned, can have long-term career implications.
Content Meets Solidarity
The TikTok hashtag #layoffs has garnered more than 366 million views.
The surge in interest is not unexpected: The tech sector’s mass layoffs of 2023 have continued into the new year, with staff reductions at Google, Amazon and other major players since Jan. 1; media layoffs also continue to affect thousands of people. For Gen Z professionals at the centre of the live firing trend, the videos could be interpreted as an extension of the slice-of-life content otherwise embodied by Get Ready With Me (GRWM) videos, a sector of TikTok in which creators showcase their daily routines. Creators gain traction by offering followers a glimpse into their inner lives; in that sense, a firing might be a perfectly normal thing to share on social media. You can just produce good content, particularly in line with trending formats and topical topics.
Alamy In a new world of work, more and more firings are happening by video – in employees’ homes
For viewers, the videos offer a way to feel less alone in a new world of work, where firings now often happen during 10-minute video calls in one’s home office, rather than in the privacy of a windowless conference room.
Pietsch’s video drew comments of empathy and support: “I’m so sorry to hear this,” one viewer writes. “I was fired after 7 years of loyalty to a company I worked for. It literally almost killed me.” Another writes: “Companies don’t care about you so they might as well put these people on the spot.”
For all its entertainment value, though, this content also reflects the current labor landscape
Where a pro-employee power shift has emerged, particularly in the past year.
Along with worker-led labor movements, including last year’s “summer of strikes” (a period of widespread and highly publicized union activity in both the U.S. and the U.K., where workers signed record-breaking contracts), live layoff videos challenge the norm that employers always have the upper hand.
The videos also speak to the idea that employees are less concerned with protecting a potentially outdated standard of professionalism and are more motivated around workplace organization and solidarity.
For many of these creators, that means holding employers accountable even after they’re no longer on the payroll
Farah Sharghi, a tech recruiter, content creator, and career coach based in San Francisco, feels that layoff videos are a natural consequence of a tumultuous labor market in the age of social media.
«The fact that layoff experiences are being shared on platforms like TikTok reflects a shift toward greater transparency and a desire to share personal stories in a digital world,» Sharghi says. «It also underscores the emotional and professional impact of corporate decisions on people. It’s one thing to talk about being laid off, but it’s another to experience it with the affected person in real time.»
Shift towards greater transparency
The sharing of experiences of redundancies on platforms like TikTok reflects a shift towards greater transparency and a desire to share personal stories in a digital world – Farah Sharghi
Sharghi adds that videos like Pietsch’s can communicate a growing sense of dissatisfaction with employee-employer relationships.
“The company [may try to] blame the layoff on the employee, when in fact, if it’s a mass layoff, it could be due to a leadership failure or a change in technology that’s driving the change,” she says. “These videos are exposing the failures of companies.”
Post with caution
While the creators of the firing video may be justified in their anger, some are urging young professionals to reconsider their approaches, even directly criticizing them for being naive and thoughtless.
On X, conservative commentator Candace Owens called Pietsch “young and stupid” after her video went viral: “Now any company that Googles Brittany Pietsch will be met with this video of her secretly recording the company she worked for to expose them for doing their jobs. Incredibly short-sighted.”
Another commenter criticized both Pietsch and Cloufdare for acting poorly: “Getting fired is tough, but it’s important to handle it with dignity. Firing someone is tough too, it requires compassion and respect. A total disaster on both sides here.”
Sharghi disagrees with extreme views, but does urge caution
“While these videos may offer support and solidarity, they also have the potential to affect that person’s future job prospects,” she says.
“Big tech companies, for example, are a small world at the respective apexes of [the companies] and if one of these videos has gone viral, chances are a recruiter, hiring manager or interviewer has seen it.”
A company may think twice about hiring a candidate who might “publicly expose the inner workings of the company,” she says.
In some ways, it’s an extreme form of “stubbornness” on social media that might give hiring managers pause.
In some cases, these videos can even put creators in hot water. Before taking advantage of the urgency to post, Sharghi recommends that laid-off people check their severance agreements, which may contain non-disparagement agreements or limitations on talking about their experiences at the company.
While the U.S. National Labor Relations Board ruled in 2023 that non-disparagement clauses in severance agreements were illegal, there are some exceptions to that ruling, such as sharing company secrets or making false and malicious statements.
“Publicly sharing details about the termination process, especially if they portray the company in a negative light, could violate these clauses,” Sharghi warns.
In essence, the experts’ message is: Take a moment to think before you post something. What is the point of the video, and what are the potential ramifications?
If there’s one thing to learn from #layoff TikTok, it’s that workers’ idea of a professional image is changing in a major way — and creators like Pietsch are driving the change. She told the Wall Street Journal that she has no regrets, and that other workers tell her, “I wish I had stood up for myself like you did.”
Harmless fun or serious misconduct?
The following contribution is from the CavellLeich portal and the author is Kendal Cosgrove who is an associate in the dispute resolution team. Kendal oversees employment work and assists the team generally with civil litigation matters.
The CavellLeich company defines itself as follows: “Our story. Cavell Leitch is a Christchurch-based law firm that is here to help our clients simplify complex legal matters. Since the firm was founded in 1923, the firm’s guiding values remain the same – we offer our clients clear advice and excellent service.”
TikTok poses a number of issues for employers and raises the question of whether such conduct can justify dismissal.
First there was Twitter and Facebook, then Instagram and Snapchat, and now it’s TikTok. While the social media app has been around for some time, TikTok has exploded in popularity around the world since the COVID-19 pandemic.
TikTok allows users to easily create and share short videos. However, the open nature of the app and its popularity are driving people to record and share footage of themselves and what they are doing at work, and TikTok even has a dedicated workplace hashtag. This poses a number of issues for employers and raises the question of whether such conduct can justify dismissal.
Unfortunately, there is no simple answer and each situation will depend on its own facts
However, if an employee is making TikToks on work time or while representing their employer, it is possible that this may constitute conduct that substantially justifies dismissal.
Firstly, it is clear that the employee is not spending their work time performing their role.
Secondly, if the workplace or any workplace property or files are identified, there may also be issues relating to reputational damage or a breach of privacy. For example, an employee may film a TikTok dance in their uniform or with their employer’s sign in the background, or in front of identifiable client files. There may also be evidence that an employee has acted in breach of health and safety or other workplace policies or procedures.
While we have not yet seen any cases involving TikTok in New Zealand, there have been previous cases involving social media and similar fads determined by the Employment Relations Authority.
In 2011, a senior employee at Fonterra was found to have been justifiably dismissed for posting photos on Facebook of two employees “planking” on heavy machinery.
The Authority found that the employee’s actions amounted to gross misconduct, which was supported by the fact that he held a senior position within the company.
It has also long been recognised that conduct that brings an employer into disrepute or harms its business in some way justifies dismissal.
This is true even where the conduct may occur outside the workplace.
Given the popularity of TikTok and the rise of social media at work, we suspect that case law will not be long in coming. Regardless of how unique (or even funny) the situation is, the principles of employment law remain the same and a thorough formal process is required before making the decision to terminate. We always recommend obtaining legal advice before taking such steps.
For the avoidance of doubt, we also recommend that employers introduce robust policies on social media use in the workplace. For example, a social media policy can set out what level of use is permitted and reasonable.
And we recommend that employees be careful about posting anything on social media that might be linked to their workplace, including anything that might receive significant unwanted media attention.
Can You Be Fired for What You Post on Social Media?
The following contribution is from Beranabei & Kabat, a law firm
As more Americans use Facebook, Twitter, and other social media as important communication tools, the risk that what you say online will draw the attention of your employer increases.
In recent months, many employees have been disciplined or fired for their social media posts about workplace safety during the Covid-19 pandemic, and for posts about the Black Lives Matter movement and the nationwide protests sparked by the killing of George Floyd at the hands of a Minneapolis police officer.
Generally, employers have the power to fire employees for any legal reason
Including for what they post on social media. However, there are a number of protections that may be available to an employee facing a penalty for their posts. These include laws prohibiting discrimination and retaliation, and laws protecting whistleblowers and employees who complain about workplace conditions.
This article discusses some of the protections available to employees and how our firm analyzes cases where a client has been disciplined for their social media use.
However, every case is different and this area of the law continues to change, so you should consult with an attorney to evaluate your own legal options.
Did you post on social media during work hours?
The first question you should consider is when you made the post:
– At work while you were supposed to be working?
– While you were on a break?
– Outside of work hours?
Generally, employees have a greater amount of speech rights when they are off the job.
While you are working, your employer has a right to demand your attention and therefore has an interest in limiting your personal use of social media.
For this reason, it’s important for employees to be aware of the risks associated with posting on their personal social media accounts during work hours.
When you’re not working, your employer has less interest in regulating your speech
But your employer can still discipline you for things you post outside of work, depending on what you say.
In one infamous example, a PR executive on vacation posted on her personal Twitter before boarding her flight to South Africa: “I’m going to Africa. I hope I don’t get AIDS. Just kidding. I’m white!” She was promptly fired.
It’s also worth noting that making your profile or posts “private” likely won’t save you from discipline
Courts have generally held that you don’t have an expectation of privacy for what you post on public forums like Facebook and Twitter, so even if you intend to keep posts private, someone can share the post with your employer and you may be subject to discipline.
Did you post something critical about working conditions at your job?
Legal protections for employee free speech are strongest when the employee speaks truthfully about working conditions, for example, by talking about:
– Pay rates and pay disparity
– Vacation time issues
– Harassment at work
– Whether or not to join a union
– Unsafe working conditions
– Illegal activity by your employer
Supporting workers who have been disciplined by the employer
In contrast, employees have fewer protections when they make misleading claims about their employer or its products.
The difference here can be seen in a case involving two employees of an ambulance company:
The first employee posted on a colleague’s Facebook page that he was “sorry” to hear that she had been fired and that he “might think about hiring a lawyer.”
The National Labor Relations Board (NLRB) found this post to be protected because it was intended to improve working conditions by expressing support and encouraging the employee to consider legal representation.
Therefore, the NLRB held that the employer violated the law when it fired the employee for her position.
A second employee at the ambulance company posted on his own Facebook page a suggestion that one of the company’s ambulances was broken and unsafe.
The company investigated the matter and found that the ambulance was not broken.
The company fired the employee, and the NLRB upheld the firing because it found that the employee’s false statements about the employer’s ambulance were not protected.
Employees also often lack protection when discussing non-work-related matters
Such as personal opinions on current affairs. For example, CBS fired an employee for posting that she had no sympathy for the victims of a mass shooting at a country music concert in Las Vegas because “country music fans are often Republicans who carry guns.”
Some states have enacted laws prohibiting political discrimination, which could be applied to protect employees who express their political views on social media. The application of these protections will depend on the state in which the employee works.
Employers can also discipline employees for excessively offensive speech
which inhibits the employer’s ability to comply with anti-discrimination laws. For example, Google recently fired an employee for stating on an internal messaging platform that women are underrepresented in the tech sector due to inherent biological differences between men and women.
The employee filed a lawsuit with the NLRB, which dismissed it on the grounds that the employee’s speech was not protected due to its offensive nature and because Google had a responsibility to protect its female employees from a hostile work environment in which sex discrimination is tolerated.
Does the First Amendment protect you when you post on social media?
You may be wondering what about the First Amendment. I thought it protected my right to free speech.
The Constitution only protects against government action, so the First Amendment is unlikely to protect you if you work for a private company. However, if you work for a government employer, the First Amendment may offer you limited protections.
Generally, the government cannot discipline employees when they speak on their own time, in their private capacity, about “matters of public concern.”
Unfortunately, a number of court decisions have restricted this right by limiting the topics that are considered “matters of public concern” and by creating exceptions to First Amendment protections, such as limiting employee speech that causes disruption in the workplace.
Are you being fired for some other illegal reason and your employer is using your social media posts as an excuse?
A common employer tactic is to claim that they are disciplining an employee for a legal purpose, when in fact they are disciplining them for an illegal reason. So, if your employer disciplines you and claims it is for something you wrote on social media, but you can prove it is for some other illegal reason, you may have legal recourse.
Illegal reasons can include disciplining you:
Because of your race, national origin, sex, disability, or other protected class
In retaliation for complaining about workplace safety, illegal actions by your employer, or harassment
As punishment for exercising a legal right, such as requesting family medical leave
What does your employment contract and employee handbook say about social media?
When you start a new job, you often receive a large stack of paperwork from Human Resources. Because you have to hit the ground running, the papers are often ignored and left in the back of your desk drawer.
But these papers often contain important rules about workplace policies, including social media use. You should review these policies, preferably before you make any social media posts, but especially if you have been disciplined for them.
Many companies’ social media policies are overly restrictive and limit your ability to post on them
As we mentioned above, employers have a lot of leeway in regulating employee posts, particularly those made at work.
However, an employer’s social media policy is illegal if it restricts an employee’s right to discuss workplace conditions, such as pay rate or office harassment, or prohibits employees from reporting a company’s illegal activities.
Your employee handbook may also include protections for what you post online. For example, many employee handbooks contain anti-retaliation provisions in which the employer promises not to discipline employees for reporting workplace harassment, which could include online posts about harassment or other whistleblowing activities.
When our firm meets with clients, we often review employee handbooks to determine whether additional workplace protections may exist.
What should I do if my employer plans to fire me because of my social media posts?
It’s not always a simple question whether your employer can fire you for what you post on social media. While employers can fire employees for their posts in many circumstances, employees have a number of protections.
If a client comes to our office after being disciplined for social media use, we guide them through the difficult and ever-changing area of the law and discuss their legal rights with them.
This will include reviewing what they posted and when, what employment policies the employer has in place, possible pretextual reasons for discipline, and how other employees have been treated for their social media use.
If you have been disciplined for social media use and would like to speak with an attorney at Bernabei & Kabat, please contact our office at 202-644-9935 or fill out the online intake form here.
Gen Zers are filming themselves being fired, a booming trend on TikTok
The following contribution is from CBS NEWS and the author is Marie D. Lee who is the editor of CBS MoneyWatch. She writes about general topics such as personal finance, the workplace, travel and social media. She began her journalism career as an editor and reporter at Nielsen Business.
If you’re a manager planning to remotely fire a younger employee, you might want to be ready for a close-up. Raised on social media, some Gen Z workers have filmed themselves being fired and posted the videos on TikTok for the world to see.
In the process of being fired or moments after being fired
The trend, which involves what appear to be authentic videos of people in the process of being fired or reacting to the experience moments after being fired, includes workers at fast food restaurants, office jobs and teachers.
While some of the videos are comedic reenactments, many are real, Jason Dorsey, author of “Zconomy” and president of the Center for Generational Kinetics, told CBS News.
“We’re seeing it across industries,” he said. “The vast majority of the time we see it, it’s real. People are filming the moment they get fired, they’re filming the moment they leave, they’re taking their snacks on the way out.”
A viral video of a laid-off worker
A recent TikTok video by Brittany Pietsch, a tech worker in San Francisco, shows the moment she was laid off from her job at cybersecurity firm Cloudflare.
In the roughly 9-minute video, which went viral after being posted in mid-January, Pietsch is seen visibly tense as she sits at her computer waiting for a virtual call with an HR person and the company’s head.
In the video’s captions, she notes that «coworkers had been getting random invites for 15-minute calls all day» and that her «best friend from work» had been laid off just 30 minutes earlier, leading the 27-year-old to expect the worst.
When you know you’re going to be laid off and you film it 🙂 this was traumatizing, honestly lol #cloudflare #techlayoffs #tech #layoff
Then comes the worst.
«I’m so sorry, my name is Rosie,» says a whiny-sounding HR person who is the first company rep to jump on the call. Shortly after, a second company rep, described by Pietsch in the captions as «a director I’ve never heard of,» launches into the actual layoff itself.
«You have not met Cloudfare’s performance expectations,» she says. «We’ve decided to part ways with you.»
Pietsch, who had been working in sales for the company for just four months, defends her performance and asks for an explanation for the negative review despite having received what she describes as positive feedback from her manager.
“I don’t think Dom or I are going to give you any clarity or answers today that meet the expectations you’re communicating to us, Brittany,” the HR person tells her, adding later in the video, “I’ll be happy to follow up with you separately to give you the data that was calibrated. I’ll need to speak to revenue leadership specifically to see if I can get that for you.”
Employee viewpoint
Pietsch is one of thousands of tech industry workers who have lost their jobs over the past year, many shortly after being hired.
Layoffs have particularly increased in the media, retail, and technology sectors in an attempt to cut costs after over-hiring during the pandemic and as they invest in artificial intelligence.
In addition to drawing attention to an act that is usually kept behind closed doors, TikTok’s layoff videos also reflect how younger workers feel empowered by social media to speak out against their employers if they feel they are being treated unfairly.
«I’ve dedicated my entire energy and life to this job for the last four months, and to be fired for no reason is like a massive slap in the face from a company I really wanted to believe in,» an emotional Pietsch tells Cloudflare representatives in her video, which has been viewed by more than 23 million people on X, Business Insider reports.
Cloudflare co-founder and CEO Matthew Prince responded to the video in a post on X, calling it “painful” to watch
“We laid off about 40 salespeople out of the 1,500-plus we had in our go-to-market organization. That’s a normal quarter. When we do performance management right, we can often tell within three months or less of hiring a salesperson, even over the holidays, whether they’re going to be successful or not,” he said, adding, “It’s important to note that just because we lay off someone doesn’t mean they’re a bad employee. It doesn’t mean they’re not going to be really, really good somewhere else.”
Deeply personal situations made public
Public reactions to Pietsch’s video have been mixed. On Glassdoor, some commenters criticize Cloudflare for framing what they say appear to be budgetary layoffs as performance-based firing.
Others describe Pietsche as “confrontational” and “toxic,” with one commenter calling her decision to record and post the video “poor judgment.”
By contrast, on X, many comments express support for Pietsche, who many feel deserves a clear explanation from Cloudflare.
Cloudflare did not immediately respond to a request for comment
Dorsey, who focuses on differences between generational age groups in relation to business, says that for Gen Z, sharing deeply personal situations with tens of thousands of followers and speaking publicly about traditionally private matters is normal behavior.
“The important thing is that a lot of the young people we see posting this on TikTok, remember, they grew up on TikTok. They shared their setbacks, they shared their breakthroughs — it could be a breakup with someone, it could be getting into college,” she said.
“For a lot of them, [it’s] the first time they’ve been fired.
So of course they want the whole world to know and then wait for the feedback to tell them whether it was the right decision or not,” she added.
According to Dorsey, the main reason many young people share their personal problems and struggles on social media is for feedback, not monetization.
“They want feedback and often have a hard time having a vulnerable conversation in person, so they often have vulnerable conversations through technology,” she said.
“I talk to parents all the time and they say, ‘I can’t get my kid to say anything important and meaningful and vulnerable, but if I text them they’ll tell me everything. ’ It’s a normal way of being.”
Certainly, those who manage to attract a large following on TikTok, Instagram or another major social platform, transforming them from simple users to influencers, can make money.
«Yes, the reality is that not only has a generation grown up that shares everything, but we’ve elevated the importance or the value of being an influencer, being a social media star.
So instead of your 5 minutes of fame, you get a million likes or a million hearts… In our research, we see that many in Gen Z, the influencer adds an actual career, so of course they’re doing this.»
Influencers with a follower base of millions of people can land deals with brands
ranging from $30,000 to $150,000, the Wall Street Journal reported in October.
Potential consequences
However, whether they’re influencers or not, those who spread videos of themselves being fired from their jobs risk facing repercussions, such as violating severance agreements, the BBC reported.
Firing videos can also backfire on those who post them if viewers view the post as vindictive or unprofessional.
«Generally speaking, these types of actions are a double-edged sword. The literature on whistleblowing, a more extreme form of publicly sharing bad practices, shows that people are stigmatized for doing so,» Ben Voyer, a professor at ESCP Business School who founded the Gen Z
Observatory, told Business Insider in a recent article.
«Generally, society does not reward people who engage in behavior that some may consider betrayal. Promoting that type of content online is a way to get moral support on the one hand and a bit of revenge on the other,» he said.
Can You Get Fired for Social Media Posts?
The following contribution is from the LawInfo portal, a Thomson Reuters company, offering consumers a directory of Lead Counsel verified attorneys they can contact. LawInfo also offers a wide variety of free legal resources, including:
Articles covering different practice areas to help you understand the basics of the law
Videos that walk you through the law and what to expect when you meet with an attorney
LawInfo Legal Marketing helps legal professionals grow their practices by offering proven internet marketing solutions. Clients receive free legal marketing tips, marketing white papers, and attorney marketing newsletters to help them set up and get the most out of their online marketing efforts.
And the author of the article is Scott Grayson, who writes and reviews articles for LawInfo and FindLaw, is the founder of Grayson Law, a Denver, Colorado law firm specializing in estate planning. He holds a law degree from the University of Colorado School of Law and has been in practice for over a decade. He has experience in practice areas such as employment, civil rights, privacy, business entity formation, and estate planning.
Employment at Will
When Can Your Social Media Posts Get You Fired?
Contact an Employment Lawyer for Help with Your Case
Social media has become one of the most popular forms of communication. While the First Amendment protects free speech, private employers can discipline and even fire you for what you post on your social media account.
This article discusses wrongful termination and when your social media posts can get you fired. Wrongful termination laws vary by state. Therefore, you should consider speaking with a wrongful termination attorney in your state right away. An experienced attorney can provide you with the best advice regarding your circumstances.
Most jobs in the United States are at-will
At-will employment means that an employer can fire employees for any legal reason. That includes what they post on their personal social media account. But there are some instances where it is illegal for your boss to fire you.
Illegal Employment Discrimination
It is illegal for your employer to fire you for a discriminatory reason. This means that your employer cannot fire you because of your:
– Race
– Color
– Religion
– Sex, including sexual orientation
– Disability
– National origin
– Age if you are over 40
– Genetic information
– Whistleblower
Employers cannot fire you for making truthful comments about your working conditions
For example, you are allowed to talk about:
– Unequal pay
– Harassment at work
– Unsafe working conditions
– Illegal activity by your employer
But keep in mind that your comments must be true
Your employer can fire you for statements you make that are not true.
Breach of an employment contract
Your employer can’t fire you for violating your employment contract if you have one
For example, your employment contract or agreement may include a provision that protects you from being fired for making truthful comments on social media.
Supporting a Union
Federal law protects your right to engage in “protected concerted activity.” That means you and other employees are free to act together to improve your working conditions.
For example, your employer can’t fire you for online posts about:
– Conditions of employment
– Working conditions
– Other relevant workplace issues
Keep in mind that your employer can fire you if you’re simply venting your frustrations to the world. To be protected, your comments must speak to other employees about working conditions.
When can your social media posts get you fired?
Many people believe that their First Amendment rights protect everything they post on social media. But that’s not true. Despite our right to free speech, there are times when your employer can fire you because of an online post.
Here are some reasons:
– Creating a hostile work environment
– Employers must provide a safe work environment. Posts that are threatening or harassing can make other employees feel unsafe. For example, racist or sexist comments can get you fired.
Violating the company’s social media policy
Most companies have social media policies that outline what is unacceptable for an employee to say on social media. Your employer can legally fire you if you violate a company policy.
Here’s an example. An account executive assistant at a marketing firm was on the team that landed a new client.
In her excitement, she posted a photo with the new client’s logo on Instagram. Unfortunately, the company had told employees not to post anything on social media until they made a formal announcement about the new client. Your company found out and fired you for violating company policy.
Disclosing Confidential Company Information
Revealing trade secrets or confidential company information can get you fired.
Therefore, if you have access to such information, be careful not to post it on social media. For example, do not post salary data on the Internet if you work in a human resources department.
Making False or Misleading Statements
Lying about your employer on social media can damage your reputation. Therefore, your employer can fire you for saying something false about it.
For example, an employee of an ambulance company posted on Facebook that the company’s ambulances were unsafe. The company determined that the statements were not true and fired the employee.
Posting Raunchy Images
Posting raunchy images can also damage your employer’s reputation and offend customers. For example, the Walt Disney Company, which owns ESPN, fired an ESPN commentator for posting a video of exotic dancers on Instagram.
Posting about your illegal activity
You can lose your job if you do something illegal. One Colorado teacher found out the hard way. She posted about getting high in the school parking lot. While smoking marijuana is legal in Colorado, doing so on school property is not.
Contact an employment attorney for help with your case
We value our right to free speech, but your employer can fire you for what you say on social media. So you need to be careful about what you post.
The good news is that the law protects you from being fired in some circumstances. An employment attorney can help you understand the law. They can also provide you with legal advice about your case.
‘TikTok got me fired.’ Here’s what to consider before you hit send
The following contribution is from USA TODAY and is authored by Terry Collins.
A woman in Denver is scheduled to start her new job on Monday, which was actually her old job after she recently accepted a higher-paying job and then got fired from it.
Why? For posting TikTok videos about her salary.
Last month, Lexi Larson posted on her TikTok account about how she got a new job in the tech industry that increased her income from $70,000 to $90,000. The video received 168,000 views. Over the next two weeks, she posted more videos about how she got that job.
Larson said that shortly after her employer discovered her TikTok account, she deleted some videos out of fear that her bosses would be angry.
In a later video, Larson said she was fired for her posts.
“So, TikTok got me fired,” Larson said
Who goes into detail about knowing that talking about her salary is protected by federal law under the National Labor Relations Act and why she removed some videos.
“… They ended up firing me because they said that having this account was a security issue because I could post something private,” Larson said.
Larson, who did not respond to USA TODAY’s request for comment, did not name her former employer and also decided not to pursue legal action. But her firing raises questions about what she can and cannot say about her job on social media.
Can an employer prohibit you from talking about your salary?
No, under the National Labor Relations Act. Employees have the right to communicate with coworkers and others about their salaries.
It is also illegal for employers to punish, retaliate, threaten or put employees under surveillance for having such discussions.
However, the National Labor Relations Board said that “when using electronic communications, such as social media, be aware that your employer may have policies against using its equipment.”
Termination for cause?
It’s not known whether Larson used company equipment, but “the idea that her actions were a fault that would justify termination seems pretty harsh,” said Matthew Bergman, a Seattle-based attorney and founder of the Social Media Victims Law Center. “She was only there for two weeks.”
Larson might have a good case if she considers legal action, said Bennitta Joseph, a partner at Joseph & Norinsberg LLC in New York.
“She should think about contacting an attorney if she can prove that she was fired for talking about her pay,” said Joseph, who noted that most employees are typically fired for disciplinary or performance reasons.
Can I be fired for TikTok and other social media posts?
Bergman and Joseph say employers are likely monitoring employees’ social media accounts to make sure they’re not engaging in any illegal behavior, Joseph said.
«A company has a vested interest in making sure you’re not making discriminatory statements, revealing trade secrets, threats of violence and illegal conduct,» Joseph said. «If they find out you’re doing any of these things, it could be grounds for termination.»
«The higher up you are, the more careful you have to be about what you post,» Joseph adds.
Bergman said many assume that what people do or say online, especially when it comes to finances, is safe. But that’s not always the case.
«I think it’s important to take a step back and be cautious about revealing personal information on social media,» Bergman said.
«Whether it’s an employer looking into your activities or a potential scammer looking to take your money, I think it’s a dangerous path to take,» Bergman added.
He has other advice
«It’s probably best to keep money matters offline,» Bergman concluded
TikTok videos and dances can get you fired for just cause
The following contribution corresponds to the portal of the Brazilian law firm Barcellos Tucunduva and the authorship of the article corresponds to its team.
Cases of dismissal for just cause for posting videos and dances on TikTok have become increasingly frequent.
For example, in June of this year, an intern was fired after making a video in uniform dancing to a funk song with sexually suggestive lyrics. She recorded the video wearing the uniform and insignia of the City Hall of São Francisco do Sul (SC), where she worked.
What is the legal basis for these dismissals?
It is article 482 of the CLT (Consolidation of Labor Laws), which details which situations are subject to just cause. Posts on TikTok can be framed as «an act harmful to honor or good reputation» against any person, employer and hierarchical superiors, according to two labor lawyers heard by UOL.
Is any dance grounds for dismissal?
Lawyer Thomas Steppe, from the law firm Demóstenes Pinto Advogados, in Porto Alegre (RS), says that some situations are more aggravating and others, mitigating.
“Making the video in uniform is more serious, because the employee is actually in the work environment and represents the company.
If it is at his workplace, as a building doorman or inside a supermarket, it is an aggravating factor. When the employee is outside of his working hours, and in other circumstances, it can be an mitigating factor.
It is all a matter of interpretation,” says Steppe.
What content can give rise to just cause?
Some aspects will be taken into account by the company when evaluating the dismissal for just cause for posting on TikTok, says lawyer Decio Daidone Júnior, partner at Barcellos Tucunduva Advogados.
“What will be analyzed is whether there was any illegal content, incitement to crime, that is rude, offensive, slanderous, abusive, or that could invade someone’s privacy, something obscene, pornographic, that is prejudiced, that negatively exposes the company’s brand, that brings some damage to the identity of the company.
Anything that causes damage to the brand or reputation can be considered irregular,” says Daidone Júnior.
Is dismissal the only punishment? Dismissal is not the only alternative that the company has to act in these cases. Depending on the situation, a warning or suspension of one to 30 days can be applied.
It is a gradation of punishment, says Daidone Júnior, and companies need to act reasonably and proportionally to the damage.
So, if it is a video that caused great damage or was very harmful, it can go directly to the just cause. If it is a minor offense, the company can give a written warning or a suspension.
«But there is nothing in the law that forces the company to follow that gradation. The dismissal can be applied immediately,» he says.
What do the decisions say? UOL analyzed four court decisions dealing with dismissals for just cause due to posts on TikTok. Two were in favor of the company and two in favor of the dismissed employee.
Simulating sex at work: In one of them, the employees simulate sexual acts in the workplace and during working hours. The dismissed employee went to court to reverse the just cause.
The judges pointed out that the woman did not challenge the veracity of the videos or that they were produced with her cell phone. The magistrates analyzed the watermark present in this and other videos and proved that the videos were recorded with her cell phone and published on her social network.
According to the judges, the employee was aware of and encouraged such acts in the workplace by lending her cell phone. «Thus, the seriousness of the act committed by the author is clear, with the accused acting correctly in the application of the just cause,» the judges point out. Therefore, the just cause was not reversed.
Dancing in the morgue: In another case, employees were fired after being recorded without a mask and dancing in front of the morgue of the hospital where they worked on November 14, 2021, during the Covid-19 pandemic. They argued that the situation occurred during a birthday celebration.
One of the fired employees appealed to the courts, but the decision of just cause was upheld.
During the process, one of the woman’s bosses said that the dismissal was due to «bad behavior» and that the woman was a team leader.
The dismissed employee’s superior told the court that the little dance was not an «innocent joke,» since «the services were provided in a hospital, where countless deaths occurred, thus showing a total lack of respect for patients and their families and, consequently, for their client, the hospital.»
In addition, the woman’s boss said that meetings are allowed in the hospital cafeteria and not in the hallways.
In analyzing the case, labor judge Marcia Sayori Ishirugi considered that dancing near the morgue «is not appropriate behavior for hospital workers, even more so during a pandemic that is causing numerous deaths.»
In addition, the video had repercussions on social networks. Finally, the magistrate understood that there was a breach of trust
Dancing without disrespect: But not all decisions are favorable to companies. In one case, an employee – who posted videos in uniform at his workplace – managed to reverse the reason for his dismissal, so that it was no longer for just cause.
The judges pointed out that the act of doing a «brief ‘dance’ in uniform is not capable of tarnishing the image» of the company, because «it does not contain any connotation of disrespect for the function performed or the name of the company.»
No mention of company name: In another case, an employee was fired after posting a ten-second TikTok video in which she danced «in civilian clothes and in a white background environment,» according to an excerpt from the lawsuit.
Throughout the recording, visual effects and the following phrases appear: «Trigger warning»; «I’ve been working for the same company for 10 years»; «They call me incompetent»; and «But incompetents don’t get fired for ANYTHING.»
Judge Ronaldo Luis de Oliveira found that there were not enough elements to associate the employee or the video post with the company.
«Although the behaviour reproduced in the video, practised by the plaintiff, has a questionable sensitivity (as a result, in the case of the plaintiff, of the indiscriminate use of social networks on the Internet, generating situations that border on the strange and unreasonable, such as the one presented in this case), the truth is that said medium does not indicate, in its content, any express mention of the fact that the plaintiff, at that time, was an employee of the defendant,» said the judge.
In addition, Oliveira pointed out that no actions taken by the company were demonstrated to verify the real intentions of the employee when publishing the video. The judge also considered that, apart from the video, there is no other evidence to conclude that the employee «tried to offend the company or any of its legal representatives.»
No other publication on the employee’s social networks indicates the company where she worked.
Finally, the magistrate understood that the company «assumed» that the video referred to the fact that she «did not make an effort to adequately verify the situation presented.» And, therefore, the maximum penalty of the CLT, which is dismissal for justified cause, should not be applied to him. Thus, the judge annulled the dismissal of the worker.