Toxic workplaces squeezing out staff identified as 'quiet firing' tactic

First there was quiet quitting, now there’s quiet firing — a stealth tactic employed by companies to reduce the size of the workforce without having to pay severance packages.

In South Africa, the term constructive dismissal is generally well understood, and employees are able to turn to the Commission for Conciliation, Mediation and Arbitration (CCMA) or labour court for relief if they believe they have been unfairly treated.

But while a claim of constructive dismissal has to meet legal requirements of the definition — and requires proof the employer was breaching contractual terms of employment — quiet firing is much broader and harder to pin down and prove, according to South African recruitment experts.

While mostly prevalent in the US as a means to get employee to quit, experts believe it is important for workers to know the difference between constructive dismissal and quiet firing.

“For any worker feeling trapped in a toxic work situation, it is helpful to understand the difference between constructive dismissal and quiet firing, to help them cut through the confusion of their circumstances and understand the options open to them. They may not be in a situation where they are being constructively dismissed, but their circumstances could mean they are being quiet fired,” said Advaita Naidoo, Africa MD at executive search firm Jack Hammer.

According to Naidoo, quiet firing mostly comes into play when a company wants to go through a downsizing or restructure, where they typically face extensive, timely and costly bureaucratic hurdles on top of the exit and severance packages they will be legally required to provide.

An example of quiet firing in this instance would be insisting people return to the office full-time, or moving offices to a different location, which might make it untenable, costly or impractical for employees to comply. People then resign and it doesn’t cost the company anything.

“On a smaller scale, quiet firing is an indirect process where managers allow employees to have truly toxic or miserable experiences at work as a way to squeeze them out — without being in obvious, provable breach of company policy and labour laws.

“They may, for instance, withhold opportunities or support, leading to employees feeling undervalued and disengaged. This may result in employees voluntarily leaving a company, as opposed to being formally dismissed.

“Some employers may also use it to deal with underperforming employees in instances where managers do not know how to provide constructive feedback or are unwilling to invest in performance management.

“It’s even possible that managers may not realise they are engaging in quiet firing, most likely due to being ill-equipped to lead effectively. This manifests in poor communication and not managing stress well,” said Naidoo.

Ways in which quiet firing can be deployed include:

• Withholding raises and promotions to prompt employees to seek opportunities elsewhere.
• Isolating the employee from team activities, meetings and decision-making processes, which makes them feel undervalued and disconnected.
• Assigning mundane or undesirable work which makes the daily grind almost unbearable.
• Increasing bureaucracy and micro-management, complicating simple processes which make tasks frustrating and unnecessarily complex and onerous for no discernible benefit.
• Pushing back on promises by altering timelines, moving goalposts, and denying reasonable requests.
• Providing no feedback or support, which creates uncertainty and lack of career progression.
• Overwork or underwork, which alternately lead to boredom or burnout.

Phryne Williams, who heads executive search firm Capital Assignments, believes there’s a fine line between this and constructive dismissal.

“Constructive dismissal is legally actionable — quiet firing is not. And because it’s often subtle, it can be hard to identify, let alone prove.”

Williams said while quiet firing has gained traction in the US, it’s not as prevalent locally.

“That said, it’s an important concept to understand — especially for anyone feeling stuck or demotivated at work. Quiet firing obviously isn’t a formal dismissal. The company never says, 'you’re fired' — instead, opportunities are withheld, the work environment becomes frustrating, bonuses and promotions reduced or completely disappear,” said Williams.

She said the practice could lead to an erosion of trust by employees in leadership and organisation integrity, a decline in team morale, reputation risk and a disruption to clients and operations.

Naidoo believes protecting one’s mental wellbeing is paramount when quiet firing is suspected.

“Given high unemployment, not having a clear-cut case of constructive dismissal on your hands but suspecting that you are on the wrong side of a quiet firing, can be tricky. When leaving a role isn’t an immediate option, it is crucial to first ensure you protect your mental wellbeing.”

This can be achieved by establishing clear boundaries regarding responsibilities, available hours and support needed.

At the same time, just as is the case with suspected constructive dismissal, concerns must be documented and incidents noted in detail, should formal action be required.

“Being proactive and insisting on open and frequent communication and support can help employees ensure a more transparent work environment where expectations are clarified, thereby reducing the likelihood of being quietly fired.

“And, though it may feel transactional, it can help to document your work, especially any accomplishments and positive feedback,” said Naidoo.

“Employers have a legal and ethical responsibility to create and maintain a safe working environment based on fair conditions. And though harder to prove, quiet firing can be seen as a breach of this duty.

“Provided their slate is clean, employees who believe they are victims of quiet firing may have grounds for legal action, especially if they can prove that the employer created a hostile working environment or unfair working conditions,” Naidoo said.