Employees are now “Quietly Quitting”, but Employers Have Been “Quietly Firing” Employees for Years
Updated: Sep 12
There’s a trend of employees talking about how they’ve quietly quit their jobs. Quietly quitting is when you perform your job duties as stated, such as not taking calls or messages after hours, or not going above and beyond what is required of your job. No more, no less.
The cause of quiet quitting is still open to interpretation, but some that have quietly quit have stated reasons such as burn out, or not being rewarded when they are going the extra mile.
Employers are quietly firing you.
Like quietly quitting, employers can take surreptitious steps to ensure that you actually quit your job. There is another term for this known as constructive termination or constructive discharge. Let our orange county employment lawyer explain.
What is constructive termination?
Your employers can create working conditions so intolerable that you have no choice but to quit. This is known as constructive termination. This tends to occur as a form of retaliation. Typically, an employee carries out a protected activity such as filing a claim for harassment or reporting the employer of breaking the law. Instead of firing the employee, the disgruntled employer may opt to constructively terminate them by making their work situation a living hell.
What are some examples of constructive termination?
An employer may require you to use your own vehicle to run work related errands. The amount of miles driven and the expenses incurred for vehicle maintenance are unsustainable for the amount that you’re being paid. This was the case for Jorge L. Vasquez in Vasquez V. Franklin Management Real Estate Fund, Inc. (1)
How do I know if I’ve been constructively terminated?
If you think you’ve been constructively terminated, but aren’t sure- know that your employer must have: intentionally created or knowingly permitted working conditions that were so intolerable or aggravated at the time of the employee’s resignation that a reasonable employer would realize that a reasonable person in the employee’s position would be compelled to resign.
If you think that you’ve been constructively terminated or constructively discharged, then reach out to our Employment Law Firm now. Our Employment Lawyer will go over your case for free to discuss your next steps.
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VASQUEZ v. FRANKLIN MANAGEMENT REAL ESTATE FUND INC, https://caselaw.findlaw.com/ca-court-of-appeal/1654078.html