Learn the professional steps for firing an employee, from preparing a script to handling emotional reactions. Understand the proper procedures, reasons, and communication techniques to ensure a smooth and respectful termination.
By Brad Nakase, Attorney
Email | Call (800) 484-4610
Have a quick question? We answered nearly 2000 FAQs.
No one enjoys the process of firing an employee, which can be uncomfortable and awkward. Our professional guide to firing an employee is here to save you from discomfort. All the important subjects will be covered in this article, including:
Beyond that, we will also cover some useful scripts for terminating an employee.
Shall we begin?
One of the most difficult things a manager can have to do is fire an employee. For the 69% of managers who report feeling uneasy when interacting with staff, the prospect of firing an employee is likely near the top of the list of unpleasant discussions they would rather avoid.
Nevertheless, it remains an unavoidable aspect of the position.
Firing an employee will inevitably end up on your to-do list regardless of your leadership style or level of competence. You may even feel pressured to do it if you’re good at what you do for a living; after all, as a leader, it’s your responsibility to make sure your team does well. In order to achieve that objective, you may have to fire employees who aren’t contributing enough or who don’t mesh well with the team.
This is easier said than done, though.
There is an appropriate and inappropriate way to fire an employee, as there is with any other aspect of life. Therefore, to make things easier for both parties, let’s examine the procedures that must be followed when professionally terminating an employee.
1. Give it some serious consideration
Before you fire an employee, you should ask yourself if you really need to. Terminating an employee’s employment should never be considered as a primary or even secondary option.
Therefore, before acting on the idea of firing a specific employee, make sure you’ve exhausted all other options. You have an obligation as a manager to do all in your power to determine if the employee in issue is capable of improving their performance, unless their actions necessitate immediate dismissal.
To give one example, you should consider how much help the employee got from you while they were on your team. Consider these additional questions:
You must give careful consideration to each of these questions.
Why?
If you were to fire an employee and replace them with a new hire, you could end up spending as much as 33 percent of their annual salary on recruitment, onboarding, and other related expenses.
Money isn’t the sole driver here, though it is a major one. Your goal as a manager or leader should be to treat your employees like they’re worth more than a dollar bill. That’s the goal of an effective team leader.
2. Evaluate the situation and collect all relevant paperwork
You should conduct an evaluation after giving your decision some serious thought.
As part of this process, it is necessary to collect all relevant employee data. Take the employee’s performance reviews from the past and give them a critical eye. Additionally, review any evaluations that followed the employee’s feedback to determine if they made any progress. Last but not least, gather any and all complaints lodged against the employee.
No one on your team, including the employee you’re firing, should be caught off guard by the news. That is, there ought to be proof of unacceptable performance, chronic tardiness, or other justifiable grounds for dismissal.
Jonathan H. Westover, a professor, chair, and member of the Utah Valley University’s organizational leadership department as well as the Forbes Coaches Council, recommends keeping detailed records before terminating an employee.
Therefore, before you say anything, make sure you have all the required paperwork in front of you. Prepare carefully what you will say (and how you will say it) to the worker.
3. Check that your decision is in line with how you’ve acted in the past.
Making sure you’re following the rules is a crucial part of firing an employee. Your company could lose a significant amount of money due to illegal terminations. While it’s true that American businesses lose out on $1 trillion annually due to employee turnover, the topic at hand is not that expense but rather the possibility of an unlawful termination lawsuit.
If you want to stay out of trouble with the law and your employer, follow their regulations.
In addition, you should check that your actions in the past are compatible with the decision to fire an employee.
You can’t, for instance, dismiss Jacob for four consecutive days of tardiness if you didn’t fire Edward for the identical offense a month ago. In a similar vein, you cannot fire Jacob simply because he is unpleasant or disruptive; his infractions must be more serious and, more importantly, they must be in violation of the company’s code of conduct (or the regulation that governs your business).
So, don’t let your feelings get in the way; instead, base your decisions on the rules and your past actions.
4. Choose an Appropriate Time and Location
You may be in a rush to fire an employee once you’ve made the decision to do so. Having patience, though, is a virtue that is crucial here.
As we’ve already established, being patient lets you do more than just think things through; it also lets you choose the best time and place.
For instance, it is not a good idea to fire an employee while the rest of the office is watching. People on your team would think that’s cruel and unneeded, and that would lead to avoidable friction. Both your managerial and company’s reputations would take a hit as a result.
That’s why it’s important to plan ahead for the event’s time and place. To have a businesslike discussion with the employee and make sure your behavior isn’t affecting company procedures, find a quiet place (like your office or a conference room) where you can be alone. When the meeting starts, make sure to sit so that the employee’s back is to the door. This way, if someone interrupts, the employee won’t have to see them, which is helpful if they’re feeling emotional.
5. Be brief and clear
Do your best not to dally once you have determined the right time and location. There is no place for small talk during a termination meeting with an employee.
Instead, make it crystal clear what’s going to happen. A few examples of possible openings are:
“Hello, [Name], I appreciate you being here today. I regret to inform you that I do not have good news to share with you at this time.”
“Please have a seat, [Name]. I’m afraid I’ve got some bad news.”
Doing so alerts the employee to what’s coming up and sets the tone for the rest of the meeting.
Being brief is just as important as being clear. It is pointless (and perhaps cruel) to give them a long speech outlining what you are going to do and then make them sit through it. Instead, finish what you need to say and then pause to give them time to respond.
6. Seek assistance from HR
Asking for help is a smart move whenever you’re going to be firing someone. Human Resources is the place you should go when you need help.
It is entirely within your power as a leader to terminate a team member. Nevertheless, it is wise to consult with HR in advance. The first thing they’ll do is inform you of the next available HR representative to accompany you during the meeting with the worker. An HR representative is a great asset to have on hand since they can serve as a witness and possible mitigator.
Perhaps even more crucially, they will have knowledge that you do not.
When you consider firing an employee, for instance, they will be aware of any and all complaints lodged by other workers against that individual. You never know, this information might come in handy. Meanwhile, they may have additional insights that you need to consider. Jacob, who was chronically late in our last example, could be experiencing ongoing lateness because his wife is having a difficult pregnancy. That in no way absolves him, but it is information that his teammates may be aware of as well. Therefore, it would reflect poorly on you to fire Jacob for being late in this particular circumstance.
Do not ignore the human resources department; they will be your greatest support system as you face this challenge.
7. Keep it under wraps
You should never try to “make an example” out of firing an employee, regardless of whether it’s for one major error or a series of minor ones. Put simply, this is not the time to make a public spectacle out of it. Give the fired employee the respect they deserve as they depart.
Your team’s morale might take a hit if you let your guard down and turn it into a public relations disaster. This can greatly impact how productive and involved they are.
If the worker in question committed an error that you would prefer that no one else on your team replicate, you can call a team meeting to discuss the error and its causes.
8. Show kindness and respect
Be sure to communicate clearly when firing an employee. Honesty in your delivery is also very important. But that’s no excuse to be impolite or spiteful.
After all, that person was an employee and teammate of yours. Give them the same respect and kindness you would like to see given to you, regardless of whether they made a mistake.
Do your best to show compassion, but remember that this is not about you. No matter how challenging this task is for you, it’s definitely more challenging for them. Hence, avoid using expressions like the following:
“I understand how you feel”—even if that’s true, how does it help right now?
“This is one of the most difficult things I’ve had do in this position.” — Sure, but to someone facing termination, it means very little.
“This is more difficult for me than it is for you.” — That’s not remotely true; you still have your job.
9. Make a complete list of your justifications
This should not be a problem if you have followed our advice in step #2 and have prepared all the necessary documentation.
But having the paperwork isn’t the whole story. It’s critical that you provide the employee with the information you possess. Justify your decision to fire them in a clear and consistent manner. Plus, when you say “We’re terminating you” or “We’re letting you go,” be sure to mean it.
Use clear and precise language. Avoid using ambiguous language at all costs; it’s tempting to do so because it might mislead the employee or even give them false hope.
10. Get ready for an emotional reaction
Everyone involved in a firing is likely to feel some strong emotions, so it’s best to be ready for that.
Regardless of how expected the firing is, the worker you are dismissing is likely to express their views and may become hostile, argumentative, frustrated, or even physically aggressive as a result. This is particularly the case if they have proven to be difficult during their time working for you.
If you know what to expect from the other person’s emotional outburst, you can better control your own emotional response. You must maintain your composure as a leader and refrain from arguing with the employee. Pay attention and respond politely to their questions, even if they are aggressive or argumentative; just don’t start a fight.
11. Let the worker know what comes next
In the end, it’s important to let the employee know what to do after the tough conversation is over.
With the help of an HR representative by your side, you should be able to get all the information you need regarding administration, residual benefits, and payroll. In any case, you should prepare ahead of time what you’re going to say.
Now that we’ve covered how to politely and professionally terminate an employee, let’s examine the many scenarios in which this may be appropriate.
There are a lot of situations in which you might need to dismiss an employee, as previously mentioned. Let’s review them.
You are able to terminate an employee for discriminatory behavior, despite the fact that it is against the law to fire someone for discriminatory reasons (which we will discuss in greater detail later on). A positive work environment cannot and should not include employees who consistently discriminate against others on the basis of their gender, race, age, sexual orientation, religion, or disability. Such employees should not be allowed to be a part of the workplace.
For that reason, you should not include them in your team. But before you take drastic measures like firing them, make sure you have enough evidence that they were discriminating against others.
In addition to physical aggression, any form of harassment, including psychological harassment, is grounds for immediate dismissal. As a leader, it is your responsibility to ensure that your employees are working in a safe environment. Having an open-door policy is great, but there are other things you can do as well.
Establishing and upholding a safe work environment necessitates that all team members behave courteously toward one another, which inherently minimizes:
A good leader upholds a policy that encourages ethical communication among team members. However, workers also need to act ethically.
Unprofessional conduct in any form is grounds for dismissal, regardless of how murky the boundaries between right and wrong may be (based on the policies of the organization in question). As an illustration, some examples of unethical behavior are:
Poor performance is a common justification for dismissal. A lack of performance can show itself in various ways:
It is entirely acceptable and lawful to terminate an employee’s employment due to poor performance. But, as previously said, before firing someone for failing to meet targets or performing their duties incorrectly, consider if there is a way to help them improve.
Resumé Builder found that in 2023, 72 percent of applicants admitted to “stretching the truth” on their resumes and 35 percent admitted to flat-out lying about their abilities or experience when applying for jobs.
So, it’s not unusual to have to fire an employee because they weren’t up to snuff in the areas they claimed to be good at.
Thankfully, it’s entirely legal to fire an employee just because they lied on their application or in an interview.
Firing someone isn’t an overreaction if their lies render them unqualified for the position; nevertheless, you should make sure that the penalty corresponds to the crime. It might be worth rethinking firing them if they merely emphasized some of their secondary skills and are still capable of performing their job adequately.
You have every right to terminate an employee’s employment if you discover they were under the influence while on the clock.
You risk more than just damage to your company’s image when you let workers operate machinery while impaired.
Company property theft, damage, or misuse is grounds for termination. Be advised that the Association of Certified Fraud Examiners (ACFE) estimates that companies lose about $50 billion annually due to employee theft in their 2021 report.
In light of the fact that 75% of employees confess to stealing from their workplace in some study, it’s safe to say that theft is occurring in your workplace. Nonetheless, stealing is grounds for immediate dismissal, just like any other misappropriation of company assets.
It is entirely acceptable to take time off for illness, vacation, or leave of absence.
On the other hand, you may be able to fire an employee if you discover that they:
Company policies should be easily accessible to all employees and provided to them when they begin working for the company. Breaking any company rule can therefore lead to immediate firing.
But remember that not all policies are equal; you shouldn’t fire an employee for a small infraction if it’s an honest mistake that doesn’t harm your company’s finances or image. It may only be necessary to review the company’s policies periodically or to attend a seminar that covers all the key aspects of these policies.
An employee commits insubordination when they blatantly disregard directions given to them by an authority figure. The instructions must be legal and come from someone who has the right to assign tasks to the employee, not just from someone more senior.
Disobedience manifests itself in various ways:
Some employers don’t give a hoot about their workers’ personal lives outside of work. On the other hand, some companies place a high importance on their reputation and have policies that permit firings due to employees’ personal conduct.
It is common for this conduct to involve:
Being a “poor culture fit” is a common justification for dismissal, although it is the most vague reason on our list.
There are a lot of possible interpretations of this statement, ranging from a lack of enthusiasm for your work to an overall change in attitude that is disruptive to your coworkers.
In addition to legitimate grounds, you should constantly bear in mind the following seven unlawful grounds to terminate an employee. Let’s examine each one separately.
The Equal Employment Opportunity Commission helps protect all workers from discrimination.
It is illegal for employers, recruiters, and team captains to treat workers unfairly because of their:
A number of statutes prohibit discrimination on the part of employers, including:
In 1963, Congress passed the Equal Pay Act, which prohibits discrimination in pay and benefits based on a person’s gender. No employer may discriminate against an employee or applicant because of a handicap, according to the Rehabilitation Act of 1973 or the Americans with Disabilities Act.
The Civil Rights Act of 1964, specifically Title VII, prohibits discrimination on the basis of race, color, ethnicity, and religion, and encourages employers to make reasonable accommodations for their employees’ religious needs. Any kind of bias against people because of their gender or sexual orientation is illegal according to the Equality Act of 2010.
Similarly, you cannot retaliate by firing an employee who asserts their rights under the laws we mentioned or who files a harassment complaint.
A number of statutes exist to safeguard workers against reprisal, such as the:
OSHA, short for “Occupational Safety and Health Act,” is a transparent statute that safeguards “whistleblowers,” or employees who speak out against unsafe, unfair, or otherwise unhealthy working conditions. No employer has the right to fire an employee who files a report of an OSHA violation.
It is against several anti-discrimination laws to fire someone because of their citizenship or their legal status in the United States, although this is a somewhat more nuanced form of discrimination. As with other types of discrimination, it violates the law.
The Employee Polygraph Protection Act is one of numerous federal and state statutes that protect workers from termination for refusing to submit to a polygraph examination when requested by their employers.
The Pregnancy Discrimination Act of 1978 makes it unlawful to terminate an employee solely on the basis of her pregnancy.
In addition, the Family and Medical Leave Act of 1993 mandates that employers provide paid leave and reasonable accommodations for pregnant employees.
Now that you have a basic understanding of when and how to terminate an employee, as well as the reasons for and against doing so, it’s time to dive into the specifics.
In order to fire an employee properly, let’s explore the correct language to use.
Whether you’re leading a remote, hybrid, or on-site team, it’s best to fire employees during in-person meetings. Unless absolutely necessary, you should avoid doing it over the phone or, even worse, through email or text.
It is essential to communicate clearly, as previously noted.
Say it like it is without sugarcoating it. If you want your employee to know that this is happening right now, not some time in the future, use the present tense when you talk to them.
For instance, rather than saying, “We’re going to let you go,” say “We’re letting you go.”
Letting someone go is likely just one task on your to-do list for the day. That does not, however, imply that you should go through it quickly.
Do not try to fit a meeting with someone you are going to fire into a 10-minute window between other appointments. Rather, avoid rushing through a meeting and instead give it your full attention.
Keep in mind that your employee may require time to gather themselves after emotionally reacting to your news.
Clarity is your best ally when terminating an employee, while ambiguity is your worst nightmare. So, before you fire an employee, be sure to tell them exactly what they did wrong. Saying things like “We’re moving in a different direction” or “We don’t have the same values” are too general and should be avoided.
Always show compassion when firing someone; it’s the humane thing to do. Naturally, watch out that your kindness doesn’t lead to empty assurances. For instance, if the employee you’re dismissing is exceptionally hardworking, you could offer to provide a reference letter; however, you shouldn’t guarantee that you’ll assist them in finding a new job.
Even if the employee is about to be let go, their feedback can still be important. Pay close attention to the employee’s words because they may reveal the source of the problem. Even if it doesn’t assist you or them right now, it could be really useful down the road.
The decision to fire an employee should be a calculated one.
Hence, you should never dismiss an employee without good reason, regardless of how irritated or furious you may be. Your credibility as a manager will plummet, your team’s faith in you will dwindle, and you will find it more difficult to get things done.
It goes without saying that harassment is never acceptable, but it is worth stating again. Maintain an air of professionalism and respect at all times to protect the dignity of yourself and your employees.
You shouldn’t stoop to the employee’s level, regardless of how argumentative or abusive they get.
Even when it comes to firing an employee, 37% of managers report feeling uneasy about providing feedback. That is why many managers attempt to sugarcoat or otherwise lessen the impact of their criticisms. When this happens, the meeting gets thrown off, and the employee may start to think they still have a shot at keeping their job.
Getting an HR representative involves more than just having some basic support from the HR department. If you bring a representative along, you’ll also have an eyewitness there. That way, you can rest assured that an objective witness will be present during the meeting and can testify as to what happened if required.
When you fire an employee, you may feel like you’re defending your decision to someone whose life is more directly touched by it. Then, in an attempt to justify your choices, you may find yourself babbling on and on.
That won’t get you anywhere and is actually harmful. Cut out the filler. Instead, strive to express yourself clearly and concisely.
No matter how much someone “deserved it,” it is never a good idea to fire them in front of an audience. Putting on a show can have an effect on team spirit, output, and participation. Worse yet, it may damage your leadership abilities.
Even after reading the detailed instructions, you may still be nervous about your ability to fire an employee in a professional manner; if so, you may find these sample scripts useful.
1. A standard procedure for terminating an employee
Following a generic script for firing someone and tailoring it to your needs is an easy option if you prefer to keep things simple. Included in this script are:
Consider this example:
[Name], I appreciate you taking the time to attend this meeting. Not good news, I’m afraid. You are aware that we have previously discussed [an issue or issues the staff member had] on multiple occasions. Despite my and the team’s best efforts to help you, you still haven’t made enough progress. That’s why we’re letting you go. This is going to be your last day here.
2. Possible layout for a generic script
Hey there, [Name]. Over the past [time period], we have evaluated your work multiple times because you have repeatedly not met [business targets]. On each of those tests, they gave you specific comments on how you did and where you might use some improvement. We have made the decision to let you go because you were unable to advance as fast as we wanted. When you leave for the day, kindly return all equipment to your desk, including your key fob and badge.
3. A blueprint for terminating an employee due to subpar work
While generic scripts would suffice in most cases, being more specific is never a bad idea when you need to fire someone professionally due to poor performance.
Substantiate your claims with additional documentation and examples of poor performance.
Consider this example of what you could say:
“[Name], I called this meeting to inform you that, regrettably, we have to let you go from the company. Regarding your performance, we have brought up multiple concerns with you. You might recall the assessments we performed on [date and time] and [date and time]. Even though you put in a lot of effort, our evaluations have shown that you can’t quite reach our [daily/weekly/monthly objectives].
Everyone on the team feels the effects of your bad performance because everyone else had to step up their game to make sure the team hits its goal.
That being the case, we have decided to terminate your employment effective immediately. In [time period], you can expect to receive your last paycheck. Additionally, [HR representative’s name] will provide you with an explanation of your termination.
Despite the fact that our plans did not come to fruition, I want you to know how much I have enjoyed our time together. You’re going to be an asset to any team you join because of how hard you work.
4. Plan for terminating an employee who isn’t a suitable match
Not getting along with an employee and having to fire them isn’t an easy task. Doing so without essentially declaring, “Your personality stinks,” is extremely challenging.
For that reason, you must be very careful with the words you use here.
An effective way to do it is as follows:
[Name], I’d like to discuss your role in the team.
I’m sorry, but I believe our time together is over. Your teammates have noticed that you’ve been distant and even hostile in your communication over the past few months. Instead of asking for help from your teammates, you prefer to work alone and even look down on them when they do.
It has come to my attention as a manager who promotes teamwork that you aren’t a suitable match for our group. You have done excellent work, and I have few criticisms regarding its quality. I just think you’d be more at home on a different team that operates in a slightly different way than us, from a fit perspective.
I am confident that someone else will find your skills to be extremely valuable, so I would be more than willing to write you a recommendation letter if you ever require one.
When you dismiss an employee, their coworkers will notice they’re not there and will assume the worst unless you clarify what happened. You might end up with a mountain of (absurd) gossip if that gets out of hand.
Good leaders communicate with their teams, so it’s crucial that you don’t keep quiet about why you’re firing someone. Consequently, it is important to inform the remaining team members of the reasoning behind the dismissal of a team member. Here are some pointers regarding that.
Your first instinct may be to have someone else on the team break the news. After all, you have completed the most difficult task; why shouldn’t someone else finish it? Even though they could, they really shouldn’t.
Your team’s structure will change if you fire an employee. Make sure you let your teammates know about that and explain how it will affect them. Assigning that responsibility to someone else is the same as giving them control of the team.
Pick your words and the details you reveal with care. It is not appropriate to speak ill of the fired employee or dwell excessively on their shortcomings. You would come across as self-centered and spiteful if you did that.
On the other hand, you can’t gloss over the fact that the fired employee may have committed a serious error; if this is the case, you must address it with the team so that it doesn’t happen again.
This has already been said, but it needs to be said again: this is not about you. You had to let someone go, but your pain is nothing compared to the pain that the fired employee is experiencing.
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Amit2025-03-03 10:16:022025-03-03 10:16:03How Much Can You Sue an Employer for Misclassification?
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Amit2025-03-03 06:37:152025-03-03 06:37:17How Serious Is an EEOC Complaint?
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Amit2025-03-03 06:28:242025-03-03 06:28:26Do You Have Sample Letters for Termination of a Contract?
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Amit2025-03-03 06:17:532025-03-03 06:17:54What Is a WARN Notice in California?
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Amit2025-03-01 10:09:302025-03-01 10:09:31What Is FICA and How Does It Impact Payroll Taxes?
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Amit2025-03-01 09:41:402025-03-01 09:49:39What Is At-Will Employment and How Does It Impact Employee Rights?
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Nakase2025-02-24 15:14:542025-03-01 09:54:10Employers Should Exercise Caution When Terminating Employees After Disability Leave
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Nakase2025-02-22 14:31:202025-03-01 09:55:11What Is FUTA? 2025 Rates and How to Calculate FUTA Tax
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Amit2025-02-22 12:17:092025-03-01 09:55:48What Is the Difference Between a 1099 Contractor and an Employee?
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Amit2025-02-22 12:15:112025-03-01 09:55:46How Do Contractors Typically Get Paid? Payment Methods and Legal Guidelines
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Amit2025-02-22 08:21:272025-03-01 09:56:19What Is the Definition of a Non-Exempt Employee?
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Amit2025-02-22 08:13:532025-03-01 09:56:23Can Union Representatives Be Present at Disciplinary Meetings?
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Amit2025-02-17 12:15:382025-02-17 12:15:39What Is an FTE (Full-Time Equivalent)?
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Amit2025-02-17 07:23:572025-02-17 07:23:58What Laws Protect Employees From Workplace Bullying?
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Nakase2024-12-27 14:36:222024-12-27 14:36:23Employee Time Card Laws California
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