“Quiet firing” is a term that has been floating around online, but for many employees, the experience behind it is very real.
It generally refers to a situation where an employer does not formally terminate an employee, but instead makes the work environment so difficult, unengaging, or limiting that the employee feels forced to resign.
While “quiet firing” is not a legal term, the conduct behind it may have legal consequences.
What Does “Quiet Firing” Look Like?
Quiet firing may not be overt, it can be subtle and take many forms, which may include things like:
- Removing key responsibilities or meaningful work
- Excluding an employee from meetings or communications
- Reassigning duties to other or more junior staff
- Cutting hours, pay, or opportunities for advancement
- Increasing scrutiny or criticism without justification
- Creating a hostile or isolating work environment
On their own, some of these actions may seem minor. Over time, however, they can significantly change the nature of employment and lead to decreased productivity, morale and overall engagement. We often see these types of breakdowns between Employers and Employees when there is a change in leadership or someone has been off on a leave of absence.
Is Quiet Firing Legal?
In Ontario, employers are generally allowed to manage their workforce, including changing roles and responsibilities. However, the reasons for doing so must be legitimate and lawful. If an employer makes substantial changes to the terms of employment without the employee’s consent, this may amount to constructive dismissal.
Constructive dismissal occurs where:
- A fundamental term of the employment contract is changed (e.g., pay, role, status), or
- The work environment becomes so intolerable that a reasonable person would feel they have no choice but to resign.
In those circumstances, the law may treat the resignation as a termination, potentially entitling the employee to notice or severance.
What Should Employees Do If Quiet Firing Is Suspected?
Where an employee believes they are being pushed out of their role, it is important to proceed carefully. Employees should consider:
- Documenting any changes to their role, workload, or treatment
- Preserving relevant communications, including emails and messages
- Seeking clarification from the employer in writing where appropriate and not agreeing to changes that feel demeaning or unfair
- Seek advice from a legal professional or trusted HR advisor before resigning;
The manner and timing of any response can significantly impact available legal remedies.
A Note for Employers
From an employer perspective, poorly managed performance concerns or restructuring decisions can unintentionally give rise to constructive dismissal claims. Clear communication, proper documentation, and fair process are critical when making changes to an employee’s role.
“Quiet firing” may not be a formal legal concept, but it often raises real legal issues. If your role has changed in a meaningful way or your work environment has deteriorated, it is worth understanding your rights before taking any steps. Contact Greenwood Law if we can help.
