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Quiet firing is a growing trend in Florida workplaces. It can happen in any industry, including retail, restaurants, healthcare, and office settings. Some people also call quiet firing “constructive discharge.”
Employees should know the signs of quiet firing, why employers use it, when it becomes illegal, and how to protect their rights under federal and Florida laws.
What Is Quiet Firing?
Quiet firing happens when an employer makes the workplace so difficult that the employee feels forced to quit. Instead of firing an employee, the company uses indirect, unfair or outright abusive actions, and waits for the employee to become frustrated and quit.
What are Common Signs of Quiet Firing in Florida Workplaces?
Employers use a variety of tactics to push an employee out, such as:
- Reducing hours, giving inconsistent hours, or removal from the work schedule
- Removal of job duties or projects
- Reassignment to undesirable shifts or job duties
- Exclusion from meetings, communication, or training opportunities
- Constant criticism without meaningful coaching
- Ignoring complaints or workplace concerns
- Creating a tense, isolating, or hostile environment
These are just examples. Quiet firing can take many forms. Each case is different.
Why Do Employers Engage in Quiet Firing?
Some employers use quiet firing to avoid the legal risks that come with terminating an employee. If they can blame separation on the worker or claim that the employee voluntarily left the job, an employer can benefit in many ways such as avoiding unemployment compensation benefits, avoiding liability for legal claims or limiting damages in a lawsuit, such as back wages.
Is Quiet Firing Illegal in Florida?
Quiet firing itself is not a separate legal claim. Instead, it may become unlawful when it is connected to another legal violation. For example, quiet firing may be unlawful if it targets someone due to their age, race, gender or other protected class, or if it begins after an employee reports:
- Discrimination
- Harassment
- Safety violations
- Unpaid wages
- The need for medical leave
- A workplace injury or workers compensation claim
When workplace conditions become so unbearable that a reasonable employee would feel forced to resign, the law may treat the resignation as a constructive discharge, which allows the employee to pursue claims as if they were directly fired.
What To Do If You Believe You Are Being Quiet Fired
Employees in Florida who suspect quiet firing should:
- Document each change or incident as soon as it occurs. Strong documentation can make your case stronger.
- Ask for clarification in writing when job duties or hours change.
- Speak with a Florida employment lawyer to understand available claims and deadlines. Deadlines for retaliation, discrimination, and wage claims can be short.
Quiet firing can be confusing and stressful. You do not need to handle it alone. If you believe your employer is trying to force you out, speak with an experienced employment lawyer who can help you understand your options and protect your rights. You can schedule a consultation with Amanda here.
