Is It OK To Terminate An Employee Over The Phone?

While a phone call may seem like a quick and painless way to lay off an employee—especially a problematic one—human resource experts say it's a bad idea. For one,

it can make the terminated employee even angrier and cause backlash

(especially if done publicly, like the Patch firing).

Should you fire someone in person or over the phone?

Normally,

you should never fire someone by phone or email

. You should do people the courtesy of having that conversation face-to-face; you are, after all, impacting their livelihood in a very big way. One exception to this is if the person works remotely, in which case a phone conversation would be reasonable.

How do you fire someone over the phone?

1. Set up a phone meeting with the employee. …
2. Have human resources present (and introduce them). …
3. Have next steps and healthcare paperwork ready to email to the employee. …
4. Lead with the bad news. …
5. Reference performance goals and give the employee the floor to respond.

What do you say when firing an employee over the phone?

“John, there is no easy way to say this, but

we have decided to let you go. Your last day will be on (Date)

. Thank you for everything you have done here and I hope we can leave on good terms. I'll go over some logistics with you, then we can address any questions you might have.”

Is it legal to terminate an employee over the phone?

Is it legal? Yes. Unless your employee has a documented disability that means speaking on the phone with them is not a reasonable form of communication,

there are no laws prohibiting this

. For that matter, you can terminate an employee by email, text message, or writing “You're fired!” in icing on a birthday cake.

Can you get fired for not answering your phone on your day off?

Your employer can fire you for not answering your

phone on your day off—or for almost any other reason that does not violate contract or employment law.

What are the 5 fair reasons for dismissal?

• Conduct/Misconduct. Minor issues of conduct/misconduct such as poor timekeeping can usually be handled by speaking informally to the employee. …
• Capability/Performance. …
• Redundancy. …
• Statutory illegality or breach of a statutory restriction. …
• Some Other Substantial Reason (SOSR)

What should you not say when firing someone?

1. “This is really hard for me.” …
2. “I'm not sure how to say this.” …
3. “We've decided to let you go.” …
4. “We've decided to go in a different direction.” …
5. “We'll work out the details later.” …
6. “Compared to Susan, your performance is subpar.”

Can I sue my employer for firing me for no reason?

Yes

, you can sue your employer if they wrongfully fired you. … You can sue if your employer commits any of the following actions: Breach of your employment contract. Retaliation for a complaint or whistleblower action.

Can you get fired without a write up?

Your termination may be illegal

.

Technically, your employer does not need any reason to fire you, unless you are in a union or you signed a contract that states otherwise. … Being “at-will” is why your employer can fire you, even if you've never received any write-ups.

What do you say when terminating?

If the employee wants to vent or express unhappiness, you can simply say,

“I understand you feel that way, but the decision is final.

” And, particularly if you didn't make the termination decision, resist any temptation to distance yourself from the situation.

What are grounds for firing an employee?

• Incompetence, including lack of productivity or poor quality of work.
• Insubordination and related issues such as dishonesty or breaking company rules.
• Attendance issues, such as frequent absences or chronic tardiness.
• Theft or other criminal behavior including revealing trade secrets.

Can you be fired via text message?

The simple answer is Yes. While it is unprofessional and rude, unless you have an employment contract or the real reason for the termination is an illegal reason, as discussed below,

firing via text message is perfectly legal

. Simply being fired by text message does not give you a legal claim against the employer.

How do you deliver a termination?

1. Give an adequate reason for the discharge. …
2. Seek out the employee's explanation or interpretation of events. …
3. Make it clear that the decision is final. …
4. Briefly run through the benefits. …
5. Explain your job reference policy. …
6. Collect what's yours from the employee.

How do I talk to an employee about termination?

1. Get right to the point. Skip the small talk. …
2. Break the bad news. State the reason for the termination in one or two short sentences and then tell the person directly that he or she has been terminated. …
3. Listen to what the employee has to say. …
4. Cover everything essential. …
5. Wrap it up graciously.

How do I get fired gracefully?

1. Don't take it personally. This is hard to do because being fired is personal. …
2. Don't argue. …
3. Don't beg. …
4. Ask for specifics and get them in writing. …
5. Check with your attorney before signing anything. …
6. Ask for help. …
7. Express gratitude.