Quiet Firing (it’s not new)
There’s a lot of talk lately about Return to Office (RTO) being a way for companies to “quiet fire” employees to reduce staff and costs. As much as I’d like to jump on the bandwagon, this is nothing new. From the great resignation of 2021 to quiet quitting during/post-Covid, quiet firing is just the new term for employee management. Let’s define things first so that we are on the same page.
Quiet firing typically refers to the eventual resignation of an employee due to management’s creation of a poor work environment. It doesn’t actually refer to firing an employee at all. Instead, employees are made to feel pushed into situations that cause them to dislike their jobs, feel alienated from their work, or underperform, leading them to quit or resign. When they are made to quit, the company does not have to offer a severance package or pay unemployment.
Outright terminating employees can be costly. In addition to the possibility of having to fork over severance pay, they also run the risk of being sued or having complaints filed against a company with the EEOC or other regulatory organizations. Termination can also influence a company’s brand. Employers can lose out on top talent when candidates know they’re quick to fire employees.
Now, here’s the rub. Quiet firing may be considered an example of constructive discharge, which, according to the U.S. Department of Labor, “is when a worker's resignation or retirement may be found not to be voluntary because the employer has created a hostile or intolerable work environment or has applied other forms of pressure or coercion which forced the employee to quit or resign.” Constructive discharge may be illegal if it violates labor law, which varies from state to state. DoL might also come after companies that use this tactic and have an unreasonable number of employees, at one time, “resign” or quit. It is a huge red flag and will be looked into. Employers found guilty of this can be required to compensate the employee with front and back pay, benefits, attorney fees, and even compensation for pain and suffering.
So what’s my opinion on all this? Quiet firing is unethical and shows signs of weak leadership so push back (if you still want your job). If your manager is becoming more and more critical or knit-picky about everything you do, ask for a one-on-one to discuss how you can improve your performance. If you are being excluded from meetings and your co-workers are not, ask point-blank why, and if their answer isn’t logical, go to HR and file a complaint. If your manager is all of a sudden micro-managing you and making you document your time and efforts, be upfront and ask why. If you are constantly passed over for raises or promotions, and you are not under a PiP or other constructive improvement plan, then ask or file a complaint. Get things on the record.
If these things happen to you, I have to say, GET OUT! Why in the world would you want to work for a manager (or a company) like this? I know the job market is tough, but your health and well-being are more important. Have faith and do the right thing for you and your family.