Quiet firing in Ontario

“Quiet firing” isn’t a legal term, but the behaviour it describes is real: a slow squeeze meant to push someone out without a blunt “you’re fired.” In practice, it can look like hours being cut to near-zero, removing core duties, sidelining someone from key meetings, setting unachievable performance targets, or parking them in a role designed to fail. A close cousin is “quiet cutting,” where an employee is reassigned to a noticeably worse role to encourage resignation.

Is quiet firing legal?

It depends on what the employer does and how they do it. In Ontario, several legal frameworks may be engaged:

1) Constructive dismissal (common law)

Courts treat a resignation as a dismissal if the employer fundamentally changes essential terms (pay, hours, duties, status) or creates conditions that show it no longer intends to be bound by the employment contract. The Supreme Court of Canada’s Potter decision sets out the two-branch test used by courts.

Ontario practice guides echo this: significant unilateral changes or a toxic environment that leaves an employee no reasonable choice but to quit can amount to constructive dismissal (often leading to wrongful dismissal damages).

2) “Temporary layoff” and drastic cuts to work

Under Ontario’s Employment Standards Act, 2000 (ESA), a temporary layoff generally means up to 13 weeks in any 20-week period or up to 35 weeks in any 52-week period in limited circumstances (e.g., benefits maintained). If a layoff exceeds those limits, it’s deemed a termination for ESA purposes (triggering minimum termination/severance).

Crucially, at common law an employer has no right to impose a layoff unless the contract clearly allows it; a unilateral layoff (or near-zeroing of hours) can be a constructive dismissal. Ontario appellate authority says a unilateral layoff is a “substantial change” to employment absent agreement.

3) Reprisal for asserting your rights

If the “quiet firing” started after you asked about overtime, leaves, vacation pay, or other ESA entitlements, note that reprisals are prohibited. The ESA forbids employers from retaliating because you sought compliance with your rights.

Similarly, Ontario’s Human Rights Code prohibits reprisals for trying to enforce Code rights (e.g., raising discrimination concerns).

4) Workplace harassment & safety obligations

Ontario’s Occupational Health and Safety Act (OHSA) requires employers to maintain programs to prevent workplace harassment and violence. A campaign of exclusion, belittling, or vexatious conduct can overlap with harassment duties—and workers are protected from reprisal for exercising OHSA rights (like reporting hazards or refusing unsafe work).

5) The duty of honest performance

Canadian law imposes a duty of honest performance in contracts: parties (including employers) must not lie or knowingly mislead the other about matters directly tied to the contract. Courts have confirmed that half-truths or silence that misleads can breach this duty. When “quiet firing” relies on misleading communications (or strategic non-communication), this duty may be engaged.

What quiet firing often looks like (red flags)

• Core duties removed or a demotion without consent.

• Sudden, steep cut to hours or shifts, or chronic “no shifts” scheduling.

• Unattainable performance plans or moving targets after years of solid reviews.

• Excluding you from meetings, tools, or information required to succeed.

• Transfer to a dead-end role (“quiet cutting”) with diminished status and prospects.

What to do if you think it’s happening to you

1. Document everything. Keep a dated timeline of changes (duties, hours, targets), emails, and missed meetings.

2. Ask for clarity—in writing. Politely confirm expectations, success metrics, and reasons for changes.

3. Use internal channels. Escalate through HR; if raising ESA, Human Rights, or safety issues, note Ontario’s anti-reprisal protections.

4. Don’t resign impulsively. Resignation can affect your remedies; constructive dismissal is fact-specific under Potter. Get advice first.

5. Get legal advice early. A lawyer can assess whether the changes cross the line into constructive dismissal, reprisal, or harassment, and map out options (negotiation, ESA complaint, Human Rights application, or a court claim).

For employers (to stay onside)

• Manage performance openly. Set clear, realistic goals and give coaching and notice.

• Avoid unilateral fundamental changes. Seek consent (and consider consideration) for major shifts to pay, hours, duties, or status.

• Mind layoff rules and contracts. Confirm a contractual layoff right and ESA limits before cutting hours to zero.

• Train managers on OHSA harassment policies and anti-reprisal obligations under the ESA, OHSA, and Human Rights Code.

• Communicate honestly. Silence or half-truths that mislead can breach the duty of honest performance.

Quick FAQs

Is quiet firing automatically illegal?
No. The label isn’t what matters; the conduct is. But many quiet-firing tactics (major unilateral changes, misleading communications, reprisals) can cross legal lines into constructive dismissal, reprisal, or harassment.

Can cutting my hours to near-zero count as termination?
It can. If it exceeds ESA limits, it’s deemed a termination for ESA purposes; and even within limits, a unilateral layoff without contractual authority can be constructive dismissal at common law.

What if I spoke up about overtime or discrimination and things got worse?
Ramping up negative treatment after you assert ESA or Human Rights rights may be an unlawful reprisal. Document and seek advice promptly.

This post is general information, not legal advice. If you’re dealing with a potential quiet-firing situation, our Ontario employment lawyers can help you understand your options before you make a move.