More and more, disgruntled employees have been taking to TikTok, Twitter, and other social media sites to share videos and posts of their bad work experiences. These stories are more likely than ever to go viral, which can lead to lost business, reputational damage, employee churn, and lawsuits, just to name a few unwelcome consequences for employers. While some people might be acting in bad faith, employees have been finding tried traditional HR channels less than satisfactory. They feel un-heard and undervalued, and they turn to the internet to tell their stories, and receive fast responses. You can’t build a brand or accomplish your mission statement without your employees. To avoid the repercussions of viral incidents and strengthen your brand, you have to repair your employer/employee relationship and work culture—or better yet, create a healthy, ethical culture from the start. Join employment lawyer Janette Levey as she breaks down major viral incidents including Better.com, Starbucks, and Amazon, their consequences, and what to do to avoid them.

1. Building Your Brand Through a Better Employer-Employee Relationship
How Not to Get Called
Out on TikTok
Janette S. Levey, Esq.
Levey Law

2. • The contents of this presentation are for
informational purposes only and are not
intended as legal advice or to replace
consultation with local counsel.
• This presentation is intended as an overview
of key employment law issues that may arise
from the stories discussed. Interpretation of
federal employment laws can change, and
many states impose additional legal
obligations on employers. Consult with
employment counsel in any state(s) your
employees work.
• Content herein is proprietary information and
may not be duplicated, published or
disseminated without express permission
from Janette S. Levey, Esq.
Dispensing with
Formalities

3. • Massive organizations like Better.com, Starbucks, and Amazon have all had viral
incidents recorded or posted by upset employees who are feeling unheard and
undervalued in their workplace.
• What does this mean for the rest of employers?
• What can we learn?
• What has changed? What needs to change?
It Ain’t What It Used to
Be

4. • The Great Resignation is a phenomenon that describes record numbers of people
leaving their jobs after the COVID-19 pandemic ends.
• Companies now have to navigate the ripple effects of the pandemic and re-evaluate how
to retain talent.
• Number of job openings combined with a lower unemployment rate is believed to be the
biggest cause of the Great Resignation.
• Industries hit hard by the pandemic—such as accommodations, food service, leisure, and
hospitality—have had the most job openings.
The Pandemic and the
Great Resignation

5. • Vishal Garg, Better.com’s CEO fired over 900 employees over a terse Zoom call;
• “If you’re on this call, you are part of the unlucky group that is being laid off... “Your
employment here is terminated effective immediately.”
• “This is the second time in my career I’m doing this and I do not, do not, want to do
this...The last time I did it, I cried. This time, I hope to be stronger. We are laying off
about 15% of the company for a number of reasons — the market, efficiency and
performances and productivity.”
• “You guys know that at least 250 of the people terminated were working an average of 2
hours a day while clocking in 8 hours+ a day in the payroll system?... They were stealing
from you and stealing from our customers who pay the bills that pay our bills. Get
educated.”
• "You are TOO DAMN SLOW. You are a bunch of DUMB DOLPHINS... SO STOP IT.
STOP IT. STOP IT RIGHT NOW. YOU ARE EMBARRASSING ME,"
• Potential Issues: WARN Act violations, harassment/bullying, discrimination, toxic
workplace.
Better.com (The Zoom Firing)

6. • Viral posts on Amazon employees seeking or out on FMLA or
similar leaves that get terminated by Amazon’s automated HR
system;
• Former employee Jiawei Wang says that the Alexa AI team
invited him to join them.
• After he requested a transfer, he ended up on a PIP (when he
had no previous performance issues. His transfer was blocked.
• His LinkedIn post went viral (44,714 views as of 2/23/22).
• Potential Issues: PIP being used as a tool to fire employees.
(Could actually support a discrimination/retaliation claim under
the right facts.)
Amazon: Automated HR and
PIPs

7. • Starbucks manager’s sub-reddit post about his
refusal to follow District Manager’s directive to
make low-paid employees wear and pay for their
own uniforms;
• (Could violate federal and state wage and hour
laws if cost deduction brought pay below
minimum wage).
• Initially posted on r/antiwork subreddit, the thread
received 38.1K votes and over 1,600 comments
in just seven hours after posting.
Starbucks and a Viral Reddit
Post

8. • In a viral TikTok video (44k views at the end of January), Lizzy
Simmons posted a screenshot of a text she received from her boss
after she resigned. The message read as follows: "Lizzy, best of
luck in the future! As a show I used to watch, you are the weakest
link, goodbye".
• @alabamablackchic talked about her experience working as a
cashier at Buc-ee’s, a chain of convenience stores and gas stations
in the South. In addition to only getting a 10-minute break, the
TikTok also said that staffers are not allowed to use their phones at
all while on the job (even when on breaks).
• In January, clip had accumulated 159,000 views since going live.
TikTok Posts

9. • What tone do you want to set in your organization?
• Do you want your employees to be your greatest asset or your greatest liability?
• How might you turn your employees into brand ambassadors?
What Does This All Mean
for You?

10. Do you have a question,
comment, thought, or
example you’d like to
hear analyzed?
Ask now!

11. T h a n k Y o u f o r
P a r t i c i p a t i n g
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