Some employers step right up and fire someone. They call them into the office — or even just send them an email — and tell them that they can pack up their things and leave as they will not be working there any longer.
Employers generally have the right to do this if the person they fire is an at-will employee. Even in the case of contracted workers, if an employer respects the contract terms and gives any notice or severance pay required, firing someone can be legal. However, employers are not allowed to fire someone if the reason behind the firing is discriminatory or retaliatory. In cases like that, an employer may turn to “quiet firing,” instead.
Quiet firing is illegal and sneaky, designed to force an employee out
Quiet firing is not a legal method of terminating someone’s employment. Rather, it is something that some employers think they may get away with when they know they cannot do it openly because the employee will likely call them out for discrimination or retaliation.
For it to succeed, the employer needs to try and convince the employee that they are the one who is deciding to leave and that it is not a firing at all. Employers could go about this in various ways. They could try to make the employee feel that their work is no longer enjoyable. For example, by ostracizing them, altering their role to make it downright dull, or micromanaging them to the point of annoyance.
Alternatively, they might try to make the worker feel that their career will die if they stay, such as by refusing to consider them for promotion, training, or other opportunities they should be permitted to pursue. By making the job seem “not worth keeping,” without engaging in any openly hostile behavior, the employer hopes to drive the employee out the door — whether they just quit or look for another job elsewhere.
Employees who feel they are the target of an attempted quiet firing – a type of constructive discharge – should remember that they likely have legal options available and should reach out to an employment law attorney who specializes in representing employees.
