Be direct when firing employees

Q         An employee is arguing that the “witnesses” to his vulgar language in the workplace are people who don’t like him. Regardless, his behavior, tone, and lack of professional communication contribute to an unhealthy work environment. How should we approach writing a termination letter, and what should we not say?

Assuming this is an at-will employee (someone who doesn’t have an employment contract and isn’t a union member protected by defined terms and procedures for discipline and discharge), you don’t need a reason. He can be terminated at any time with or without reason or notice.

That said, the at-will employment relationship has been abrogated by the explosion of state and federal workplace laws over the last 25 years. In addition, our culture has changed, and employees rarely accept “You’re fired”; “Your services are no longer required”; “We encourage you to find your happiness elsewhere”; “There’s the door”; or “Go now and avoid traffic.”

Some state laws require you to give an employee the reasons for termination. Some require the reasons be given in writing. That isn’t the case in “Live free or Die” New Hampshire, but it’s always a good idea to be direct with an employee. In other words, you could say, “We have decided to let you go because your behavior, tone, and lack of professional communication contribute to an unhealthy work environment.” That’s a better approach than “We are reorganizing” or “We have decided to eliminate your position” or “Business is slow, and so we need to lay you off” if those aren’t the reasons.