Sacramento, CA asked in Employment Discrimination and Employment Law for California

Q: Is quiet quitting something that can be punished for at work?

My missed out on a promotion because while I was doing double the work and faster, the guy that sucked up to the boss while I made up for his slack got it. So I informed my new lead I'm not doing all that anymore. He would put me in a spot where I'd do two jobs while everyone else did one cuz I was that good and fast at it but I told him no more. If I get any backlash about it is it something I should bring up to hr

3 Lawyer Answers
James L. Arrasmith
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A: It sounds frustrating to be in a situation where you're doing more work without recognition or reward, especially when others seem to benefit from a different approach. Deciding to set boundaries and not take on extra tasks that aren't part of your job is understandable. However, employers often expect a certain level of performance, and if your work changes, they might view it as a decrease in productivity, even if you're simply doing your fair share.

If you face backlash for not going above and beyond like before, it could be something to bring up with HR, especially if it feels like you're being unfairly treated. It's important to make sure that your workload is fair and consistent with your job description. Document any conversations and changes in expectations, as this can help if you need to explain your position later.

It's also a good idea to clarify with your lead what the expectations are moving forward. Setting clear boundaries is important, but make sure you're still meeting the expectations of your role. If the issue persists or escalates, HR can help mediate the situation and ensure that you're being treated fairly.

A: Unfortunately, you could be disciplined or fired if you refuse to work as you have in the past. Be careful. Additionally, know that if you complain to HR, your complaint will not be considered protected, meaning you can be retaliated against for the complaint. Good luck to you.

A: When looking at adverse employment actions, like being passed over for a promotion, just remember, it is illegal for employers to make employment decisions based on "race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status." If an employer chooses not to promote an employee because of one of these characteristics, that employee would have a legal claim against the employer.

Also remember this, if an employee believes one of these characteristics motivated the employer’s decision, it is illegal for an employer to retaliate against an employee who complains or opposes that illegal employment decision. Meaning, if an employee makes such a complaint to the employer, and the employer takes an adverse employment action (i.e. termination) against that employee, that employee would have a legal claim against the employer.

Complaints by employees should be in writing so that such evidence can be used in a lawsuit against an employer for retaliation.

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