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TikTok has reassured employees it will file a legal challenge if Congress approves a bill that would ban the app from the US.
The controversial ‘divest-or-ban’ proposal has gathered momentum after a bipartisan House of Representatives vote passed the most recent version of the bill within a package of foreign aid on Saturday.
This is the latest setback for TikTok after the House passed a previous version of the bill in March this year.
The updated bill passed with a vote of 360-58. It extends the proposed deadline for ByteDance to sell TikTok from six months to nine months if the legislation is enacted, with the possibility of an extra 90 day extension if a sale is near completion.
However, the extra three to six months will come as little relief to employees of TikTok in the US, who face a highly uncertain future over the coming weeks and months.
Michael Beckerman, Head of Public Policy for the Americas at TikTok, has attempted to cool the nerves of employees, assuring them it would fight any such bill passed into law.
“At the stage that the bill is signed [by President Joe Biden], we will move to the courts for a legal challenge,” reads a memo sent to TikTok workers on Saturday. Beckerman describes the bill as “unprecedented,” stating “This is the beginning, not the end of this long process.”
Whilst his words are a sign TikTok does not plan to take any ban lightly and will take the fight to the courtroom if necessary, a memo to employees is the tip of the iceberg in what the company must do to manage employee uncertainty, engagement, and retention.
TikTok’s HR team must manage employee uncertainty to maintain retention
In the memo, Beckerman informed employees they have scheduled an internal town hall for Wednesday for “additional context.” It’s safe to assume there will be a monumental turnout and inevitably a string of difficult questions to which the unfortunate answer in many cases will be, “We don’t know.”
What lies ahead for TikTok and its staff is a period of complete uncertainty. As Beckerman says, this situation is unprecedented and the impact on the employment of TikTok’s 7,000 US workers would be unstable at best and doomed at worst.
TikTok staff will be at risk from anxiety, stress, and other threats to their mental wellness throughout this turbulent period.
With their future unclear, it will be up to TikTok’s HR team to manage employee engagement. Uncertainty is a major driver of stress and can threaten worker morale, productivity, and retention.
Over the past few years, TikTok has made a habit of hiring some of the most highly prized talent within technology, operations, e-commerce, and beyond.
With their unstable position regularly making national news headlines, recruiters from all industries will be on red alert. As a former recruiter within tech, I can confirm that the proverbial sharks have smelled the blood in the water and are already circling. They will not be afraid to use the uncertainty as lever to encourage TikTok's top workers to look elsewhere.
From LinkedIn outreach to texting former colleagues, attempts to poach TikTok employees looking for more stable and secure employment will be in full swing, meaning HR must redouble efforts to keep employees up-to-date with any developments and reassure them that their future, as far as they can guarantee it, is protected.
Transparent communication and careful leadership are two non-negotiables. The memo from Beckerman and the town hall are a great start. The message is honest about the threat, clear about the company’s stance, and assertive on plans for the worst-case scenario.
However, with no clear outcome on the bill in sight, this should mark the beginning of an ongoing dialogue between TikTok and its employees. The line of support between HR and workers who are struggling with disengagement or poor mental wellbeing caused by their uncertain future should be continuous.
Otherwise, ‘QuitTok’ may take on a new meaning altogether.
