A new term is emerging in California workplaces—“quiet cutting.” Unlike formal layoffs or terminations, quiet cutting refers to the subtle, strategic ways employers may push employees to leave voluntarily. This practice allows companies to sidestep legal and financial responsibilities such as severance packages, unemployment benefits, or wrongful termination claims. While some job restructuring is part of normal business operations, quiet cutting specifically aims to make conditions so undesirable that employees feel compelled to quit, leaving them without the protections typically available in a formal termination.
What Does Quiet Cutting Look Like?
Quiet cutting can manifest in a variety of ways. Some employees may find that their workload is drastically reduced, stripping them of meaningful responsibilities and career development opportunities. Others may be reassigned to positions well below their skill level, moved to undesirable shifts, or relocated to inconvenient office locations. Sometimes, employers may impose unrealistic expectations or unattainable performance goals, setting the employee up for failure.
These tactics often unfold gradually, making it difficult to recognize what’s happening until the employee feels demoralized or marginalized. While some organizational changes may be legitimate, quiet cutting crosses a line when its clear intent is to force someone out without formally firing them.
Legal Implications Under California Law
California law provides strong protections against unjust employment practices, including constructive discharge. Constructive discharge occurs when an employer makes working conditions so intolerable that a reasonable person has no choice but to resign. Quiet cutting can meet this threshold if the changes to the employee’s job are extreme and appear targeted.
Furthermore, if these tactics are directed at individuals based on their membership in protected categories—such as race, gender, age, disability, or sexual orientation—they may violate California’s Fair Employment and Housing Act (FEHA), opening the door for discrimination or retaliation claims.
Employers may also face legal consequences if quiet cutting is used in retaliation for whistleblowing, filing a harassment complaint, or taking protected leave under laws like the Family and Medical Leave Act (FMLA) or California Family Rights Act (CFRA).
What Employees Can Do
If you suspect you’re being quietly pushed out, take immediate steps to protect yourself. Begin by carefully documenting every change in your job duties, schedule, performance evaluations, or working conditions. Request written clarification from your employer regarding why your role has changed and how it aligns with company objectives. Keeping detailed records will strengthen your case if you decide to pursue legal action.
It’s also wise to consult an experienced employment attorney as early as possible. They can help evaluate whether the changes in your job constitute constructive discharge or another violation of your rights under California law.
Conclusion
Quiet cutting may leave employees feeling confused, isolated, or powerless—but you don’t have to accept unfair treatment. California’s labor laws offer strong protections against disguised terminations, retaliation, and discrimination. Understanding your rights is the first step toward protecting your career and financial future.
If you believe your employer is using quiet cutting tactics to force you out, Rothschild & Alwill, APC can help. Contact our Bakersfield office at (661-369-8510) or our Santa Barbara office at (805-845-1190) for a confidential consultation. Se habla Español.