Quiet quitting occurs when an employee performs the bare minimum and never exceeds expectations. The employee has no enthusiasm or interest in doing more than the minimum requirements of a job. Because the employee stays in the position and collects pay, it’s not truly quitting, but there’s no extra effort. 

Over half of the nation’s workforce are quiet quitters. Several things make employees disengage. It can be low pay for the work required, lack of recognition for a job well done, or continued demand for more without a pay increase. But how do you know if it violates your worker’s rights?

What Quiet Quitting Looks Like

What does quiet quitting look like? A team of engineers is asked to attend a weekend BBQ team-building gathering. The workers are already putting in 60-hour weeks, so no one shows up. That’s a form of quiet quitting.

A manufacturing worker came in each day to correct another worker’s mistakes. Week after week of fixing machine settings, cleaning out scrapped product, and getting the machine running at expected speeds again went unnoticed. 

That worker got tired of doing extra without a bonus or even a simple “thanks.” Instead, the worker started doing the bare minimum and nothing more. He stopped coming in a few minutes early or staying late despite pleas. That’s quiet quitting.

California Follows At-Will Employment Laws

For most U.S. employees, including California, employment is “at-will.” At-will employment means a worker or their employer has the right to terminate a position at any time, provided the reason for the termination isn’t illegal and follows any terms laid out in the employment contract.

As quiet quitting suggests an employee is meeting the basic requirements of their job, an employer’s decision to fire a quiet quitter comes down to ending the position for poor performance. That’s a legal termination.

As an employee, you also have the right to walk away. If your employment contract requires you to give a week’s notice, you do have to do that. If you don’t have an employment contract, you can walk away when you’re ready. You are under no obligation to stay. Your employer cannot force you to give notice.

Take that same employee. Imagine if the worker overhears management saying that he’s Hispanic and therefore deserves to work harder and not get paid more than his “White” co-workers. That’s a different matter. At-will employment doesn’t overrule employment discrimination and harassment laws. 

If California is an at-will employment state, are there ever grounds for wrongful termination or retaliation complaints when an employee engages in quiet quitting?

Retaliation Claims

Under both federal and California law, employers cannot retaliate if an employee sees or reports something that was illegal or discriminatory. Retaliatory acts include reducing a worker’s pay, firing the worker, or demoting them to a lower position. Laws protect workers from retaliation where the employee…

• Engages in a concerted activity: If a group of workers gathers to discuss improvements in their working conditions, a company cannot penalize them for doing so. This includes a meeting to discuss forming a union. Unionized workers might agree to strike to demand better health insurance options.
• Exercises wage and hour rights: Filed a complaint or asked about unpaid wages, overtime pay, or requested time off using FLMA, pregnancy leave, or California parental and family leave options.
• Fights against discrimination: Filed a complaint or verbally complained about workplace harassment, including age, disability (mental or physical), gender, national origin, pregnancy, race, and religion.
• Whistle blows: Whistleblowing is the act of reporting a violation to a government agency, such as reporting unsafe working conditions to OSHA. Employees can report violations without fear of losing a job or being treated unfairly after making a report.

When quiet quitting is a protective measure, the worker cannot be penalized. For example, management refused to pay overtime while asking third shift workers to stay 30 minutes after the shift for an unpaid company meeting. Workers left without attending the meeting due to the lack of pay for a job-related meeting.

California’s employment laws provide additional protections from retaliation. The California Fair Employment and Housing Act (FEHA) also protects workers from:

• Being labeled a contractor when you meet the criteria for an employee.
• Requesting a workplace accommodation, such as breastfeeding accommodations.
• Taking sick leave.

In California, an employee could claim that quiet quitting resulted from an employer refusing to allow the worker to take sick leave. The worker comes to work after being denied a sick day, but that worker only puts in a minimal effort. If an employer retaliates, it becomes a retaliation complaint.

When Quiet Quitting Becomes Wrongful Termination

Wrongful termination occurs when a worker’s job is terminated or the worker is fired for an illegal reason, such as filing a wage theft complaint or reporting a manager for sexual harassment. While quiet quitting could be grounds for termination, it’s not okay if the worker’s productivity or attendance was impacted by discrimination, harassment, or other illegal offenses.

For a wrongful termination claim, there are two main options.

1. Discrimination claims: The worker’s quiet quitting occurred due to discriminatory acts, such as age discrimination, gender discrimination, religious discrimination, etc. For example, an older worker keeps getting assigned extra work by management, forcing that worker to constantly work late, while younger workers are told to leave early or come in late without penalty.
2. Violation of public policy: California law allows an exception to at-will employment when the termination is related to a public policy violation. If a worker’s quiet quitting is based on a worker refusing to do something illegal or sketchy, that worker cannot be terminated. If an employer asked the HR team to round down all workers’ hours to save money, that’s illegal. The HR team refuses to do so when doing payroll and ends up being fired. That’s a violation and grounds for a lawsuit.

Proving a Wrongful Termination or Retaliation Claim

The hardest part of filing a claim for retaliation or wrongful termination is having enough proof. Because employment is generally at-will, you must have solid proof linking a demotion, pay reduction, or termination to the legal action that caused you to become a quiet quitter.

Some of the best forms of evidence include:

• Copies of all emails or written letters leading up to a termination or demotion.
• Evidence of why you started quietly quitting.
• Performance reviews before and after you filed a complaint, witnessed a wrongful act, or were handed a request to do something illegal.
• Proof of differential treatment by your management or workers.
• Timing of the retaliation or termination versus when you started quiet quitting.

When to Contact a California Employment Attorney

On its own, quiet quitting is not grounds for a lawsuit. However, if you have clear proof that your actions were directly related to illegal harassment, discrimination, or wage issues, you could have a valid complaint. You need to discuss the wrongful employment act you experienced with a California attorney.

Shegerian Conniff helps people who are victims of workplace abuse, discrimination, or harassment get fair, just treatment. Reach us online or by phone to schedule a free consultation to discuss whether you have a case and what your next steps should be.