‘Quiet Firing’: What employees need to know

What is quiet firing?

Quiet firing is a new way that companies are responding to the “quiet quitting” workplace trend.

Quiet quitting involves only doing what is necessary to stay employed to improve your work-life balance.

Some of the ways that employers are quiet firing their staff include:

• Avoiding one-on-one conversations with quiet quitters
• Refusing to provide feedback or crucial job information to quiet quitters
• Passing quiet quitters up for promotions
• Providing minimal or no raise to quiet quitters

As a result, a number of non-unionized employees are feeling isolated or underserved by their company — leading many to actually quit, rather than quiet quit.

In some cases, those that choose to stay are also being subjected to performance improvement plans.

Ultimately, if quiet firing doesn’t push a quiet quitter out, many companies are reportedly terminating these workers.

• SEE ALSO: ‘Quiet Layoffs’: What employees need to know

WATCH: Employment lawyer Alex Lucifero breaks down everything employees need to know about quiet firing on CTV Morning Live.

Is quiet firing legal in Canada?

The short answer is no. Employers in Canada can’t punish or threaten to punish non-unionized staff for asserting their workplace rights, which includes the right to do only what is listed in their job description.

• Example: Jenna’s boss is unhappy that she isn’t going above-and-beyond in her job, like her coworker Daniel is. While Jenna is doing what her job requires of her, she notices that her manager has stopped providing her with the information necessary to complete her assignments. Since Jenna is being punished for enforcing her workplace rights to improve her work-life balance, it’s likely that she could be considered the victim of a reprisal at work.

If your company punishes you or threatens to punish you for asserting your workplace rights, you should contact an employment lawyer at Samfiru Tumarkin LLP immediately.

LEARN MORE
• Reprisals at work in Alberta
• Toronto employment lawyer discusses right to disconnect at work

Changes to your job

In Canada, non-unionized employees don’t have to accept major changes to their job.

Large modifications such as a demotion, cut in pay, reduction in hours, or negative change to commission, regardless if you decided to quiet quit, are illegal.

When the terms of your employment are significantly changed, the law allows you to resign from your job and seek full severance pay through a constructive dismissal claim.

If you believe that you have been constructively dismissed, don’t quit your job until you speak with an experienced employment lawyer at Samfiru Tumarkin LLP.

LEARN MORE
• Changes to your job in Alberta: What you should know
• Do I get severance if I quit?

What should I do if I’m being quiet fired by my employer?

If you believe that you are being quiet fired by your employer, keep a record of everything that has changed in your employment relationship.

Examples of things you should document include:

• A lack of response to emails where you are asking for direction or feedback on a specific assignment
• A written explanation from your employer that details the specific reasons you were passed up for a promotion
• Letters, emails or text messages from your company that explain why specific changes are being made to your job

If changes are being made to your job without your consent, make sure you provide a rejection of those changes in writing to your employer.

Once you have done this, provide your rejection letter and any other relevant documents to an employment lawyer at Samfiru Tumarkin LLP.

We can review your situation, enforce your workplace rights, and ensure that you receive the compensation you are owed.

Instead of being quiet fired, should I just resign?

If you quit your job voluntarily, you typically don’t get a severance package.

This is because severance is designed to provide you with financial support while you look for new work after being fired or let go.

However, if you are forced to leave because of unwanted changes to your job, you could file a constructive dismissal claim through an employment lawyer and pursue full severance pay.

SEE ALSO
• Can I get my job back if I am fired?

Instead of quiet firing me, can my employer actually fire me for quiet quitting?

Your employer can fire you if you decide to engage in quiet quitting. This is called a termination without cause.

In Canada, companies can let employees go for any reason, as long as:

• They are provided full severance pay
• The reasons for their dismissal aren’t discriminatory

However, it’s unlikely that your employer would be able to use quiet quitting to fire you for just cause, which would mean no severance package or access to Employment Insurance (EI) benefits.

To justify this, the company would have to prove progressive disciplinary measures were applied and that a less severe punishment would be insufficient.

This type of termination is reserved for the worst kinds of workplace offences, such as theft or insubordination.

SEE ALSO
• How to calculate severance pay
• Severance packages in Ontario
• Understanding severance in Alberta
• Rights to severance in B.C.

Lost your job for quiet quitting? Speak to an employment lawyer

If you are fired or lose your job for quiet quitting, or for any reason, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in Toronto, Ottawa, Calgary, and Vancouver have helped tens of thousands of individuals across Canada resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are owed.