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Is Quiet Firing Legal?


Quiet firing, also known as constructive dismissal or constructive discharge, is a strategy some employers use to avoid negative consequences associated with traditional methods of termination—and it’s often very illegal.

In this blog post, we will provide you with information you can use to understand quiet firing and what your rights are as an employee.

What Is Quiet Firing?

Quiet firing is a method of terminating an employee without explicitly stating that they are being fired. Instead, the employer creates a hostile work environment or makes the employee's job duties unbearable, forcing the employee to feel like they must resign to be free from the behavior.

Is Quiet Firing an Employee Legal?

Although not outlawed in name, many of the strategies used in quiet firing generally violate several employment laws—particularly those that protect employees against discrimination.

For example, it's a violation of the Americans with Disabilities Act (ADA) if the employer creates a hostile work environment for an employee with a disability. It's also a violation of Title VII of the Civil Rights Act if the employer creates a hostile work environment based on the employee's race, gender, or religion.

Additionally, if the employer makes the employee's job duties unbearable, this could be considered constructive discharge, which is also illegal.

What Should You Do if You are Being Quietly Fired?

If you suspect that you are being quietly fired, document everything that is happening.

Keep a record of any incidents that may be contributing to a hostile work environment or making your job duties unbearable. This documentation can be used as evidence if you decide to pursue legal action.

You should also consider speaking with an employment law attorney. They can help you understand your rights and determine if you have a case for wrongful termination or constructive discharge.

If you need help understanding your rights as an employee or employer, contact K2 Employment Law today.

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