Our DC Employment lawyers have seen that the recent waves of mass layoffs over the past two years have given rise to a new phenomenon: layoff influencers who use social media to share their experiences, seek job-search assistance, and connect with other displaced workers.
Key Points
- Some laid-off workers are becoming social media influencers, sharing their stories with large audiences.
- Former employees can generally criticize their previous employer on social media as long as their comments are truthful and not defamatory.
- In 2023, hundreds of thousands were laid off, particularly in tech, construction, manufacturing, retail, and hospitality sectors. As of July 2024, the U.S. unemployment rate stood at 4.3 percent, according to the U.S. Bureau of Labor Statistics.
Many laid-off workers are leveraging digital platforms to establish themselves as influencers with significant followings. They use social media, podcasts, livestreamed videos, and blogs to talk about their job loss, the job search process, their future aspirations, and their daily experiences of unemployment. By marking themselves as #OpentoWork on professional social media profiles, they engage with each other’s posts to increase visibility to recruiters and potential employers. Some have created informal online support networks to share resume tips, job leads, and gig opportunities.
This approach contrasts sharply with the past practice of privately discussing job loss with friends and family.
This trend predominantly affects younger millennials and Gen Z, who are more engaged with social media and more inclined to hold employers accountable for issues like work-life balance, mental health, and environmental responsibility. Layoff influencers also provide an opportunity for labor unions to use social media to mobilize and support younger workers in their demands from employers.
While companies may use internal policies and disciplinary measures to manage critical public comments from current employees, these tools are not applicable once an employee is laid off or terminated.
The First Amendment generally protects the right of private citizens to criticize companies, provided the comments are not slanderous or libelous. Typically, truthful social media posts are not considered slander or libel.