“They Don’t Actually Appreciate Me”: Employee Quits And Takes The Training Documents With Them, Boss Reaches Out In Less Than 24 Hours
A few days ago, a TikToker who goes on the platform by the nickname Queerbigan uploaded a video that has ignited a debate among its users on the employer-employee relationship.
In the clip, they explain why they felt unappreciated and say that it ultimately led to quitting. However, Queerbigan also admits that they took everything they produced at work, making the company go after them via phone (to which they responded by making the matter public).
As the TikTok gained traction, some viewers criticized the move and suggested that Queerbigan has opened themselves up to legal liability, while others are certain that the predatory business got what it deserved.
This TikToker just made the brave decision to quit their job
Image credits: _queerbigan
But they also took everything they produced for the company with them
We managed to get in touch with Queerbigan and they agreed to give us more context on the situation.
“I left because it was clear that we were viewing things differently/miscommunicating,” the TikToker told Bored Panda. “If I stayed longer, I would’ve felt more and more resentment. And it didn’t feel fair to have them receive that growing resentment, nor did it feel fair to keep me in a situation where I’d be feeling more and more resentment that I’d have to process emotionally later.”
“I really did (and still do) care about my coworkers, our clients, and our work,” they highlighted. “[When I made the video,] I had less than 100 followers [and] I was venting … I fully did not expect the reaction that occurred.”
“I think there’s a lot going on here. Some people are talking about appreciation, others are talking about legal stuff. I think people are upset that I’m not ‘admitting’ that if there was a lawsuit, I’d probably lose; or they’re upset that I’m so adamant that I’m not going to be sued,” Queerbigan continued.
“First of all, as my business class teacher hammered home again and again, anyone can sue anybody for anything … Second of all, I totally get those people’s arguments, but I also know the people I worked with/for. Regardless of any conflict between us, I know they’re not the type of people who’d do that sort of thing. And that’s not meant disrespectfully, but in the sense that as much as I felt under-appreciated, I can empathize with the idea that they thought they were doing the right things.”
The video in which they explain the situation immediately went viral
@_queerbigan like bro do not disrespect one of the key reasons you even hit production goals and get five star reviews! #greenscreen #officemanagement #assistantlife #quittingmyjob ♬ original sound – queerbigan
According to Michele Martell, an intellectual property attorney who has counseled businesses from The Muppets to the WWE and Crayola, as well as many individual inventors and creators, the Copyright Act automatically assigns authorship to employers rather than employee creators or inventors in two specific situations.
The first is where an employee develops the work within the scope of their employment, while the second occurs when the employer specifically orders or commissions the work from the employee. In both of these cases, the employer is seen as the author of the work in question.
“Broadly speaking, if an employee creates new intellectual property as part of their job, the employer owns that intellectual property,” Martell explained. “For example, if you’re an engineer and you design a more efficient engineering process, creating that new intellectual property is part of the job you’ve been hired to do.”
Everything becomes murkier only when an employee creates intellectual property that’s unrelated to their job. “If an accountant for the company, rather than an engineer, came up with that same engineering advancement, for example, there would be an argument that the work isn’t within the scope of their employment,” Martell noted.
While the exact details of the conflict between Queerbigan and their employer are unclear, the TikToker released a second video to address those who think they are essentially “ending their career” with a decision like this, clarifying that, in fact, it was exactly the exception that Martell mentioned.
“You’re assuming a lot about stuff that I didn’t actually detail,” Queerbigan said. “Contractually, these documents existed outside the scope of my position.”
“[For] that and other reasons, I just don’t think that they would have a case if they did take it to court but even then, like, litigation wise, I highly doubt that that’s happening.”
Image credits: _queerbigan
In another follow-up video, the TikToker reassured viewers that there won’t be anything exciting unfolding: “There’s not gonna be a lawsuit. I don’t need to get an attorney. They are not gonna get an attorney.”
“It’s really not an exciting situation,” Queerbigan added. A lot of people that are commenting have probably worked at, like, bigger businesses than I have. It’s just really funny because you all are like, ‘Oh, I can’t believe you admitted this on the internet’ … I know what I have disclosed and I know what I haven’t disclosed. If I were to say certain things that I haven’t said then maybe I could be in trouble or whatever, or maybe you would see that, like, the situation is really not as crazy as you all are making it seem.”
And many people are criticizing them for “stealing intellectual property”
But some support them for sticking it to the man
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Yeah, she's going to find herself, at best, on the side of a lawsuit, but, could easily have charges filed. The work she does on the clock at work is owned by the company. TikTok creates very dumb posts from people who may be smart. "Oh, look at me, I'm special." Wanting that social media moment creates people who do not consider the implications
See, that's what's not very clear. Did she create the documents PRIOR to starting there, and used them in that job? If so, they have no claim, she has every right to them; they don't. If she created the documents while she was on their payroll, then they are the intellectual property of her employer. If she created them while working for the company but she was hired as a contractor (i.e. not an employee) then the docs are her intellectual property and has every right to take them.
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If you don't want to end up in the s**t, take note. Anything you create on work time belongs to your employer unless you have something specifically in your contract that says otherwise. That is part and parcel of being an employee. Freelancers and contractors will have contracts that lay out who owns the IP. And for f***s sake, don't admit to stealing IP on the Internet!
I came here to say the same thing. Years ago I remember someone who had made a new "system" in work time, on works computers then tried to claim it as their own. It didn't end well for them.
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The only one with "gall" here is the OP. You agreed to the terms you were employed on, you produced documents you were paid/compensated to produce and now because you feel hard done by for whatever reason your gonna take company property with you. Good luck with that.....oh and finding a new sympathetic employer who agrees with the stupidy of your actions. I fully suspect that the company would have just restored the files from a daily/weekly/monthly backup. They now have the bonus of being able to take you to court for theft.
It seems clear to me from the article that OP was neither paid nor compensated to produce those documents, but that OP went above and beyond, doing things that were above their title and pay grade....a title and pay grade that they then gave to someone else.
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Yeah, she's going to find herself, at best, on the side of a lawsuit, but, could easily have charges filed. The work she does on the clock at work is owned by the company. TikTok creates very dumb posts from people who may be smart. "Oh, look at me, I'm special." Wanting that social media moment creates people who do not consider the implications
See, that's what's not very clear. Did she create the documents PRIOR to starting there, and used them in that job? If so, they have no claim, she has every right to them; they don't. If she created the documents while she was on their payroll, then they are the intellectual property of her employer. If she created them while working for the company but she was hired as a contractor (i.e. not an employee) then the docs are her intellectual property and has every right to take them.
Load More Replies... If you don't want to end up in the s**t, take note. Anything you create on work time belongs to your employer unless you have something specifically in your contract that says otherwise. That is part and parcel of being an employee. Freelancers and contractors will have contracts that lay out who owns the IP. And for f***s sake, don't admit to stealing IP on the Internet!
I came here to say the same thing. Years ago I remember someone who had made a new "system" in work time, on works computers then tried to claim it as their own. It didn't end well for them.
Load More Replies... The only one with "gall" here is the OP. You agreed to the terms you were employed on, you produced documents you were paid/compensated to produce and now because you feel hard done by for whatever reason your gonna take company property with you. Good luck with that.....oh and finding a new sympathetic employer who agrees with the stupidy of your actions. I fully suspect that the company would have just restored the files from a daily/weekly/monthly backup. They now have the bonus of being able to take you to court for theft.
It seems clear to me from the article that OP was neither paid nor compensated to produce those documents, but that OP went above and beyond, doing things that were above their title and pay grade....a title and pay grade that they then gave to someone else.
Load More Replies...
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