“Quiet firing” refers to a situation where an employer creates or allows a work environment that’s subtly or overtly unwelcoming or unsupportive, with the intention of encouraging an employee to resign voluntarily, rather than directly firing them. This can include actions like consistently overlooking an employee for promotions, not providing meaningful feedback or support, assigning unreasonably high workloads, or isolating the employee from significant projects or team activities.
While not explicitly defined in California law, the concept of quiet firing touches upon several legal and ethical considerations in the workplace. Here’s an overview of relevant California employee rights that could be implicated in situations resembling quiet firing:
Fair Employment and Housing Act (FEHA)
Under FEHA, employees are protected against discrimination and harassment based on protected characteristics (e.g., race, gender, age, disability). If the behaviors contributing to a “quiet firing” scenario can be linked to discrimination or harassment, the employee may have grounds for a legal claim under FEHA.
Constructive Discharge
As mentioned in the context of constructive dismissal, if the work environment becomes so intolerable due to the employer’s actions or inactions that a reasonable person would feel compelled to resign, this may constitute constructive discharge. California recognizes constructive discharge as a form of wrongful termination.
Whistleblower Protections
California laws protect employees who blow the whistle on illegal acts or violations of regulations within their company. If an employee is being “quietly fired” as retaliation for whistleblowing, they may be protected under these laws.
Labor Code Violations
If the tactics used in quiet firing violate specific provisions of the California Labor Code—such as wage and hour laws, safety regulations, or other employment standards—the employee might have a basis for a complaint or legal action against the employer.
It’s important for employees to recognize the signs of quiet firing early and take proactive steps to address the situation, whether that means seeking to resolve issues internally or exploring legal options.
Given the complexity of employment law and the nuances of each individual situation, seeking advice from our quiet firing lawyers can provide guidance tailored to the specific circumstances.
