“Quiet quitting” is a phrase that has worked its way into the national lexicon in recent years, prompting much discussion about the “hustle culture” and work-life balance. “Quiet firing,” on the other hand, is an increasingly common situation that workers may not even realize is happening to them.
Quiet quitters do not actually quit their jobs. Instead, they strive to do only what is necessary to complete their duties and remain employed. They do not volunteer for more responsibilities, work extra hours, or seek to climb the corporate ladder. It has become a phenomenon as people seek to rebalance their lives, become burned out by job pressures, and see little payoff from their efforts at work.
Quiet firing is a different situation altogether. This happens when employers nudge workers toward the exits by making their jobs miserable. It can happen in a number of ways, from changing job roles to loading assignments with strict deadlines, to cutting hours, to excluding an employee from meetings and social functions. Sometimes, it is obvious. In many situations, quiet firing can happen gradually by withholding coaching and development opportunities and failing to recognize good work.
Employers have considerable leeway in making hiring and firing decisions. Quiet firing can cross the line into unlawful territory, however, in some situations. It is vital that anyone who believes they are being pushed to quit in this manner seek the advice of an experienced employment lawyer.
At Justice Law Corporation, our California wrongful termination lawyers help working people fight back when they are ripped off or shortchanged on the job. We are seasoned attorneys who have dedicated our professional lives to these cases and have a significant track record of success for clients who have been illegally fired.
Here is what you need to know about quiet firing and wrongful termination.
Wrongful Termination: Discrimination and Retaliation
Employers in California, Washington, and across the U.S. generally have the right to run their operations as they choose. That includes deciding who to hire and fire, how to assign work, and otherwise setting the terms and conditions of the job. Employers can make these kinds of decisions for good, bad, or no reason at all.
There are certain things that employers cannot do, however. They cannot discriminate against workers in making these decisions. They also cannot retaliate against employees for exercising their rights on the job.
Discrimination
Federal and state laws protect workers from discrimination on a number of grounds, such as:
- Sex
- Race
- Nationality
- Religion
- Sexual orientation
- Gender identity
- Pregnancy
- Disability
Unlawful discrimination can come in many different forms, but these claims often center on hiring and firing, promotion decisions, pay disparities, or workplace harassment.
Employment discrimination may involve a single, individual employee: An Asian-American employee who says he is being harassed by co-workers based on his ethnicity and that his manager is turning a blind eye, for example. Or it can affect a larger group of workers, such as women employees who allege they are systematically underpaid compared to their male colleagues doing the same work.
Sometimes, the discrimination is blatant. Employers may openly make decisions based on a worker’s pregnancy or disability without even considering possible accommodations, for instance. Discriminatory behavior can be more challenging to identify, however, in many other situations.
Retaliation
Employers are also barred from retaliating against workers who speak up about their rights on the job or help their coworkers assert their legal rights. Federal and state laws protect workers who engage in a wide range of activities, such as:
- Talking with co-workers about pay and other terms and conditions of the job
- Making internal complaints about employment practices that the employee believes violate wage and hour, discrimination, workplace safety, labor, or other laws
- Filing similar complaints with state or federal agencies
- Filing lawsuits over alleged workplace rights violations
- Participating in an internal or external investigation or lawsuit, including acting as a witness
- Helping a coworker assert his or her rights on the job
If a worker complains about harassment on the job one day and shows up the next day to find he has been demoted and reassigned, that may well be unlawful retaliation.
It is important to understand that anti-retaliation laws broadly protect employees for speaking up, even if the underlying complaint is not meritorious. If the worker complaining about harassment ultimately lacks a viable claim, for example, he may still have a claim for retaliation if his employer punished him for alleging harassment.
Quiet Firing: Is it Illegal?
Quiet firing may be wrongful termination in some situations. Even if the employer does not actually fire the employee, the working conditions may become so bad that it becomes effectively impossible to continue doing the job.
Whether quiet firing is wrongful termination often depends on the employer’s motivation. If the employer is trying to get rid of a worker or group of workers for reasons related to race, nationality, gender, disability, or other protected statuses, that is unlawful discrimination. If the employer nudges you out in response to making a complaint about working conditions or otherwise speaking up, that is unlawful retaliation.
It can be difficult for many working people to find the line between a bad work situation and illegal discrimination, harassment, or retaliation. That is one reason why it is crucial to seek the advice of an experienced employment attorney.
Our California Wrongful Termination Lawyers Can Help
If you believe that you are being shortchanged on the job, whether it is by being underpaid or in other terms and conditions, you do not need to go it alone.
A California wrongful termination lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options. We have a strong track record of optimal results through verdicts and settlements for the people that we represent.
Our office is conveniently located in Pasadena. Contact us at (818) 230-7502 to schedule a free consultation with a California wrongful termination lawyer.
