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“Quiet firing” has become a viral buzzword over the past couple of years, but for a discrimination attorney like those at Filippatos PLLC, it describes a well-established legal concept, known as constructive dismissal. It occurs when management deliberately makes working conditions so intolerable—through isolation, lack of support, or unmanageable workloads—that an employee feels forced to resign.
Whether done in deliberate nature to push away an employee, or as an unintentional consequence of negligent management, it’s a harmful leadership practice regardless. While quiet quitting refers to employees setting healthy boundaries to avoid burnout, quiet firing is often a passive-aggressive strategy that can cross the line into illegal workplace harassment and discrimination. This blog entry is meant to analyze the notion of quiet firing, and how to efficiently spot the signs within your workplace.
Quiet Firing vs Quiet Quitting
Quiet quitting in short refers to the employee doing the minimum work necessary for the job, to maintain the job. Nothing more, nothing less than what is asked of them in their job description. Maybe this is due to burnout of the employee, or the belief that they’re being overlooked for the actual work ethic. The main difference between this and quiet firing is that quiet firing falls on the employer.
Quiet firing is the employer’s counterpart, but it’s far more concerning from a legal perspective. Rather than an employee protecting their wellbeing, quiet firing involves management deliberately creating an intolerable work environment through reduced support, exclusion from opportunities, or systematic marginalization. It’s tactics by the employer meant to subtly create an environment that warrants the job to be undesirable. This can be done through reduced support, opportunities or involvement in the workplace culture.
When “Bad Management” is Actually Classified as Discrimination
Quiet firing is rarely random. It frequently targets specific groups, using subtle exclusion to bypass legal protections against firing. Below are some examples as to how quiet firing could look, based on one’s protected characteristics.
Age Discrimination: Older workers are often “quietly fired” by being excluded from training or key meetings, based on the bias that they cannot adapt to new tools. Older workers may be teased about their “vitality”, their longevity, or their ability to handle new technology or social media skillsets.
Older workers can also be denied more challenging work, making one’s workload lighter than ever. The company may want to give the illusion that their younger workers are robust and willing to take on any challenge; this in turn could leave the employee with less chances at a promotion.
Racial and Ethnic Discrimination: Devon Carbado and Mitu Gultai highlight in their book, Acting White? Rethinking Race in “Post-Racial” America, the possibilities of discrimination related to racial proximity and activism. Employers could screen out applicants based on how many organizations they’re a part of and how proudly they embrace their racial and advocacy-based identities. Employers could use this information against them to deny applicants of job opportunities or promotions within the company.
Religious Discrimination: Employers may deliberately schedule mandatory shifts during religious observances (Sabbath, holidays, prayer times) while denying reasonable accommodations granted to others. This forces employees to choose between faith and employment. Document accommodation requests, denials, and evidence showing colleagues receive similar flexibility for non-religious reasons, as this violates Title VII protections.
Language Discrimination: Employers may sideline or demote employees due to accent bias or language discrimination, treating them as less competent despite equal or superior qualifications. This includes exclusion from client-facing roles, being passed over for promotions, receiving unwarranted criticism about communication skills, or being subjected to mocking.
Taking Action: Proof of Discrimination
If you believe you are being managed out, you may have grounds for a discrimination lawsuit. However, because these tactics are subtle, gathering proof of discrimination is essential. You must document:
Exclusion: Maintain detailed records of emails, meeting invitations, and communications where you were deliberately left off important project meetings, team discussions, or decision-making sessions that colleagues at your level routinely attended. Document instances where you were denied access to resources, training opportunities, mentorship programs, or professional development tools that were readily provided to others in comparable positions.
Increased Responsibilities without Recognition: Carefully document situations where your job responsibilities overlap and your workload increases substantially–such as taking on supervisory duties, managing additional projects or absorbing another role’s tasks–without corresponding title changes, salary increases, or formal recognition that others received for similar expanded responsibilities.
Comparators: Keep thorough notes identifying specific colleagues outside your protected class (such as different race, gender, age, or disability status) who receive preferential treatment, including better assignments, more flexible schedules, lenient performance standards, or faster advancement opportunities despite having similar or lesser qualifications and performance levels.
Conclusion
At Filippatos PLLC, we recognize that “quiet firing” is often a mask for unlawful discrimination. You don’t have to wait until you’re forced out to seek help, and you certainly don’t have to navigate this alone. Whether you’re experiencing the early warning signs or have already felt compelled to resign, we’re here to evaluate your situation and fight for the justice you deserve.
Call a New York Employment Law Attorney Now
We at Filippatos PLLC stand in proud solidarity with any and all workers facing discrimination in the workplace, including the LGBTQIA+ community and diverse communities. We believe that all people deserve the right to exist freely, no matter who they love, how they express their gender, practice their religion, or celebrate their heritage. If you are experiencing discrimination at work, please give us a call at 888-9-JOBLAW for a free consultation. We will do our utmost to help secure you the justice you deserve.