TikToks are not just funny videos. The absurdly popular short-form video app has proven to be the information source of choice for a huge number of people around the world. Not only do people get information from TikTok, but they also try to get in on the latest trends and then emulate what they see. While some advice is innocuous, some trends have resulted in users eating laundry detergent pods and dangerously spicy chips as a challenge.
What does this have to do with employment law?
Employers who are in the know are aware of what the HR world calls “viral workplace trends.” You may have heard of some of these trends:
- Quiet Quitting,
- Bare Minimum Mondays and
- Lazy Girl Jobs.
These are but a few of the recent viral workplace trends that have popped up on TikTok and made their way into the workplace. So, while employees may not be doing the “cinnamon challenge” at work, they may be acting out TikTok workplace trends, with potentially dangerous consequences for the employer and the employment relationship.
Employer Beware
The importance of these trends is that they are not just memes, shared then forgotten: They reflect employee sentiments about work, making them a barometer of sorts. Just as importantly, some employees are engaging in these trends and acting out the advice given by so-called workplace influencers.
Posts often provide instructions on how to carry out popular workplace trends. For example, for Bare Minimum Mondays, employees are encouraged to start their workday with a self-care routine, and to do the minimum amount of work possible. A common approach involves having no meetings and only doing “essential” tasks, the definition of which may not match the employer’s definition. This echoes Quiet Quitting, which involves doing only enough at work to not get fired, and nothing more.
Although the catchy names of these trends suggest laziness, the reason they resonate with so many employees are that they capture a dissatisfaction with the current employment landscape. Whether it is burnout, stagnating compensation, workplace culture, or long hours, many employees feel that these trends help them take back some measure of control in the employment relationship.
Employers should be concerned – burnt out and disinterested employees only doing the bare minimum can bring down productivity and contribute to a negative organizational culture. Furthermore, though the sentiments behind the popularity of these trends belie valid employee concerns, acting out these trends poses hazards to the employer, and to the health of the employment relationship.
Potential Impacts of Employees Following Viral Workplace Trends
Consider this: your employees act out Bare Minimum Monday and no longer schedule meetings with clients on Mondays, even important meetings. On top of that, they start the day with a self-care routine, as advised, which may entail not doing any substantive work until after lunch or doing tasks around the house while monitoring their email.
Such conduct can clearly impact productivity and erode the trust between the employer and the employee. This is particularly relevant for employees working remotely, as their routine may cut into work hours without the employer necessarily knowing.
Regardless of the employee’s motivations or dissatisfaction, this type of conduct abuses the employer’s trust without resolving the underlying issues. Even worse, without clear contracts and policies in place, the employer can end up unwittingly condoning the employee’s conduct, creating murky situations that may make discipline more difficult, and potentially resulting in the employee accruing rights that the employer never considered giving them.
The Solution Right Under Your Nose
The good news is that employers can protect their rights, and create a better environment for employees, by implementing written employment agreements and workplace policies.
Written Employment Agreements
Written employment agreements are an invaluable tool for employers. We often write about their value in terms of limiting employers’ costs when dismissing employees. But their worth goes beyond dismissals.
We often include language in the agreements we prepare for our employer clients that clearly states the workplace’s standards of performance and expectations. These such terms expressly set out how the employer expects the employee will approach their duties, as well as the consequences of not meeting expectations. Additional duties can be imposed, such as agreeing to a code of conduct. With these terms in writing, employees know what to expect, and can be put on notice that doing less than what is expected is not acceptable, and it may even be a breach of contract.
Employees also stand to gain from clear agreements and policies. Employers can provide benefits, such as:
- the right to work remotely,
- incentive plans,
- employee recognition programs, and
- generous time off entitlements.
These can all be subject to terms and conditions that give the employer certainty while providing the employee with valuable perks that go beyond their minimum statutory entitlements. Such arrangements can combat burnout and signal to the employee that the employer is also not doing just the bare minimum.
In terms of promoting a positive workplace culture, policies addressing standards of conduct and discrimination provide an additional benefit beyond compensation and incentives. Such policies send the message that the workplace is a safe, inclusive, and welcoming environment, which further combats feelings of dissatisfaction, promoting a positive culture.
Sign Me Up!
If you’re an employer, we can assist you in preparing and implementing written employment agreements and workplace policies customized to your business’ needs. We can help you pick the best tools to protect yourself, promote a positive culture and productivity, and set out expectations for employees.
If you’re an employee, we can assist you in navigating your challenges at work. If you are dissatisfied with your workplace, we can review your situation and advise you as to your options. For instance, we could assist with negotiating a separation package, or coach you as to how to approach your employer regarding a troublesome colleague.
Rather than Quiet Quitting (which could be breach of contract) or Quiet Firing (which is really just constructive dismissal), working with HR counsel to resolve an issue is beneficial to both employers and employees, and it can minimize exposure to liability. Like the old but new saying goes: if you’re thinking of quiet quitting or quiet firing, you probably need an employment lawyer!
