Employment lawyer talks ‘quiet firing’ at work and employee rights

Interview Summary

As more employees and workplaces consider the phenomenon of ‘quiet quitting’ the concept of ‘quiet firing‘ has also arisen. What does this mean for employees who have been not been outright terminated? How can an employee determine if they have been fired quietly?

Alex Lucifero, an Ottawa employment lawyer and Managing Partner at Samfiru Tumarkin LLP spoke with CTV News Morning live to answer these questions and more on terminations.

Interview Notes

• No longer scheduled for shifts by a manager: From the employer’s end, any significant change to the terms of employment, such as a major reduction in the number of hours, is considered ‘quiet firing’ or constructive dismissal. Quiet firing can be very subtle, such as isolation of an employee, lack of communication from an employer, performance critiques, etc.
• Employee options once they have been quietly fired: The more overt examples of firing need to be addressed immediately by an employer, such as major changes. Employees need to communicate with their employer their dissent of a change to their terms of employment. Employees do have rights and can speak to an employment lawyer to determine their next steps. In more subtle situations, concerns should be addressed to an employer in writing and documented.
• When employees should take action: After a significant change occurs, such as a major reduction in pay, should be followed with immediate action by an employee. A resignation in this situation would be considered constructive dismissal, but legal advice must be sought first.
• Time frame in order to resolve the legal situation: It is a common misconception that employment disputes are drawn out and are fairly easy to resolve. Employment laws are straightforward and most of these situations can be resolved easily.
• Employers expect employees to resign to avoid wrongful dismissal: It is not uncommon for employers to pressure or push employees to resign in order to avoid having to pay employees severance pay upon termination. Even if there are concerns for conduct and performance, it is very difficult for employers to prove termination for cause.