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Formisano & Company Attorneys At Law

Passionate About Protecting Employee Rights

How might your decision to leave count as employer retaliation?

On Behalf of Formisano & Company | May 2, 2024 | Workplace Retaliation

An employer should know that they cannot just fire someone because they blew the whistle on them or filed a complaint of harassment or discrimination. To do so would open the business up to a wrongful termination lawsuit.

The law protects employees from retaliation by employers for engaging in a protected activity like whistleblowing or reporting discrimination or harassment. So, some employers get cunning and try to persuade the employee they want rid of to leave of their own accord. Some call this quiet firing.

There are many ways to force someone out the door

Quiet firing can take many forms, but generally,  it involves creating an atmosphere that the employee no longer wants to stay in. Examples could include:

  • Reducing hours and not giving the employee overtime opportunities: The aim here is to reduce the employee’s income to the point they feel the need to go elsewhere to earn enough to live.
  • Isolating the employee: Much of the enjoyment of a job can come from feeling part of a team. If an employer stops inviting a person to meetings or work days out or encourages others to blank them, the employee is unlikely to feel like a member of the team anymore.
  • Denying opportunities: Training and promotion are opportunities which employees should have equal access to. If an employer denies those to someone, that person may feel the only way to advance their career is to leave and go elsewhere.

If you have quit, or are on the verge of quitting because your employer made life untenable in retaliation for your reporting wrongdoing, you should explore the legal options available.

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