The terms “quiet quitting” and “quiet firing” have become somewhat common recently. Quiet quitting generally means showing up to your job and performing your duties without going above and beyond unless you are given extra pay.
Alternatively, quiet firing occurs when your employer slowly starts taking away responsibilities and duties, rather than firing you. Quiet firing can feel incredibly demoralizing and cause you significant anxiety.
Signs of quiet firing
Quiet firing does not always involve overt action. If you find that your hours are reduced, or you are taken off a work schedule for several days at a time, but no one addresses it with you, this could be a form of quiet firing.
Another sign of quiet firing is having your work being transferred to someone else with no additional work given to you. If you are showing up to an office every day and sitting at a desk with nothing to do, despite asking, you could be experiencing quiet firing.
When you experience quiet firing, you may arrive at work every day wondering how you are going to fill your time and worried that you might receive notice that you are fired. If you eventually quit or are fired, this experience can leave you feeling undervalued and reduce your confidence when starting new jobs.
Although quiet firing is a red flag and sign of poor management, it is typically legal. However, sometimes quiet firing could be a form of constructive dismissal, which is illegal.
Constructive means that circumstances indicate that something is true even if it is not technically true on paper. In an employment context, it means that your working conditions are so bad that you are effectively fired even if you have not specifically been told so.
Constructive dismissal versus quiet firing
The difference between quiet firing and constructive dismissal is that constructive dismissal involves conduct by your employer which is so severe or frequent that it creates a hostile working environment.
A hostile working environment involves consistent behavior or actions designed to make you feel threatened, scared or humiliated. The behavior must be so bad that it interferes with you doing your job to the point that you feel you have no choice except to quit.
The behavior must usually involve more than one incident. For example, receiving one negative performance review or being subject to an angry outburst by your manager is not typically enough to create a hostile work environment.
When constructive dismissal becomes wrongful termination
In addition to a constructive dismissal claim, you may have a wrongful termination claim if your constructive dismissal claim is based on a protected category. Race and gender are examples of protected categories.
Determining if you have a case for constructive dismissal or wrongful termination requires a thorough investigation of the facts and circumstances of your employment experience. Proving constructive dismissal is not easy. You must meet the specific legal requirements.
Learning about your legal rights and options is best before acting. Even if you have already quit your job, you might still have a legal remedy available.
