Recognizing and Addressing “Quiet Firing” and Workplace Bullying
Employment lawyer Faye Riva Cohen highlights the warning signs that a client may be experiencing “quiet firing”—a subtle yet harmful form of workplace bullying where employers make conditions unbearable so the employee resigns. She also offers strategies for helping clients navigate this challenging situation.
What Is Quiet Firing?
Employees who believe their jobs are secure may be caught off guard when their employer subtly pushes them out instead of terminating them directly. As Forbes describes it, quiet firing is a form of passive-aggressive workplace bullying designed to make an employee’s work life so difficult that they quit voluntarily.
While the term is relatively new, Cohen notes that she has seen the practice repeatedly throughout her employment law career.
Why Employers Avoid Direct Termination
Despite at-will employment laws allowing termination for almost any reason in many states, employers often hesitate to fire employees outright due to concerns such as:
- Fear of negative reactions, including anger or even potential violence.
- The risk of discrimination claims being filed.
- Pressure to negotiate or increase severance payouts.
By making the workplace intolerable, employers can avoid these challenges while reducing costs and workforce numbers.
Common “Quiet Firing” Tactics
Instead of terminating employees directly, some employers engage in targeted workplace bullying tactics, such as:
- Giving unfairly low performance evaluations.
- Placing employees on performance improvement plans (PIPs), which often serve as precursors to termination rather than genuine efforts to enhance performance.
- Blocking opportunities for promotions or career growth.
- Assigning meaningless tasks or isolating employees from colleagues.
- Overloading employees with excessive work and unattainable goals.
- Changing job conditions, compensation, or benefits to make staying less appealing.
- Creating a hostile work environment.
- Replacing leadership with managers who undermine long-term employees.
- Offering buyouts or early retirements to encourage voluntary exits.
- Requiring office attendance for employees who prefer remote work, using this as a method of workforce reduction.
- Indirectly pushing out employees who develop stress-related health issues due to unrealistic demands.
How Lawyers Can Assist Clients Facing Quiet Firing
Attorneys representing clients in these situations can provide critical support by:
- Offering guidance and encouragement to help clients endure workplace mistreatment.
- Advising clients to inform HR or their employer that legal counsel is monitoring the situation.
- Negotiating severance packages if termination seems inevitable.
Advice for Employees at Risk of Being Forced Out
Many employees fail to recognize they are being quietly fired and continue trying to resolve the situation internally—often unsuccessfully. Cohen advises employees in these situations to:
- Document everything: Keep detailed records of negative feedback, disciplinary actions, and relevant conversations. However, do not store this information on a company-owned device.
- Familiarize themselves with workplace policies: Understand disciplinary procedures and PIP guidelines outlined in the company’s handbook.
- Communicate with their employer: If appropriate, discuss concerns with management and explore alternatives such as job transfers or severance options.
Legal Steps If Termination Occurs
If a client is ultimately let go, attorneys can assist by:
- Negotiating severance terms, including financial compensation, continued health benefits, neutral references, non-disparagement clauses, and agreements preventing the employer from contesting unemployment benefits.
- Filing discrimination claims, if applicable, with government agencies.
- Providing job search support, including legal advice on securing new employment.
Conclusion
Quiet firing is a covert yet damaging workplace practice that leaves employees vulnerable. By recognizing the signs and taking proactive legal steps, attorneys can help clients protect their rights, negotiate fair exits, and secure future employment opportunities.
