Firing someone is never easy but doing it over the phone makes it more complex. It’s a delicate situation that you should handle carefully. While firing someone over the phone might seem like the quickest way to end an employment relationship, there are right and wrong ways to do it.
This guide will break down whether or not you can actually fire someone over the phone, and if so, how to do it correctly. We’ll also cover what you should definitely avoid to protect yourself and your company.
TL;DR: Can You Fire Someone Over the Phone?
- Firing someone over the phone is legal in many places but should be done with proper communication and emotional support to avoid potential issues.
- Prepare thoroughly, ensure legal compliance, and provide clear next steps and support resources to handle the process ethically.
- Miscommunication, lack of emotional support, and legal complications are common pitfalls, so follow a structured and respectful approach.
5 Reasons Why You Shouldn’t Fire Someone Over The Phone
While firing someone over the phone may seem like a quick and convenient option, there are a few major negative effects that can create long-term problems.
1. There Is No Personal Connection
Terminating an employee over the phone can seem harsh and impersonal, which can sour staff morale and compromise your company’s culture.
For example, imagine an employee who has worked for your company since its founding. If they’re fired over the phone without a face-to-face conversation, it could easily come across as cold and uncaring.
This lack of personal connection could cause the employee to feel humiliated and angry, potentially affecting their word-of-mouth about your business. Respectful treatment during termination, whether over the phone or in person, can have a major influence on how former employees evaluate the business going forward.
2. Miscommunication Happens Easily
Without non-verbal cues, misunderstandings can occur during a phone call. Studies show that clear communication depends greatly on nonverbal cues, including facial expressions and body language.
For instance, if an employee misunderstands the reasons for their termination because of a poor phone connection or miscommunication, it can create confusion and resentment.
A poor-quality connection can also make it challenging to determine the employee’s response and offer suitable support. This could complicate an already tough conversation and make it seem almost impossible.
3. Emotional Support Is Lacking
Termination is always emotionally challenging, particularly for the one actually losing their job. Providing the same emotional support over the phone as in person can be even more difficult.
In a face-to-face encounter, for instance, you shake hands, keep eye contact, and let the staff employee freely communicate their emotions. These steps could give closure and encouragement.
4. Legal & Compliance Issues Can Arise
Terminating a staff member over the phone can cause legal issues. Don’t get us wrong – remote termination is perfectly legal. However, documenting what was said on the call might be challenging. And if you live in a country or a state with strict laws, it could cause issues if the employee decides to sue for wrongful termination.
Let’s say a team member argues they didn’t get a valid reason for their termination. The lack of evidence from a phone call makes it difficult to defend yourself. On the other hand, if you had a face-to-face encounter, you’d have signed agreements and documentation, strengthening the defense if legal disputes do arise later on.
Society for Human Resource Management (SHRM) also supports this, saying that clear documentation is important for employers to defend themselves against wrongful termination claims.
5. Company Reputation Gets Damaged
Firing staff members over the phone could damage the reputation of your business and make it harder to attract top talent in the future. Word spreads quickly in professional networks. If your company develops a reputation for cold terminations, it could discourage possible employees – yes, even the good ones.
A study found that 82% of job seekers take employer reputation into account before applying for a position. So maintaining a respectful and professional termination process is essential if you want to maintain the good reputation of your company.
3 Acceptable Situations To Terminate Employees By Phone
While terminating an employee over the phone is generally discouraged, there are some circumstances when terminating an employee over the phone isn’t just justified but also required.
I. When The Employee Is Remote
Remote work has been growing exponentially in recent years. In fact, it has grown by 44% during the last 5 years and over 58% of the US workforce is working remotely. Terminating a remote overseas worker over the phone would be the most sensible choice since planning a face-to-face conference is not just logistically and financially difficult but also downright impractical.
Under those circumstances, the best you can do is to make sure the conversation is conducted professionally and sensitively. Clearly state the reasons for termination, provide assistance if needed, and give details on future actions, including severance payments and how to surrender company equipment.
II. When The Employee is On Leave
If an employee is on medical or parental leave and needs to be terminated, the most polite way would be to do it over the phone.
It might sound strange to terminate someone who’s on leave, but one situation where this is applicable is during a downsizing. In such cases, a phone call lets the employers deliver the news promptly. This saves both the company and the individual time and effort than if they waited for the latter to return to work.
However, it’s important to deal with the conversation carefully and offer detailed explanations and assistance. Make sure any legal factors – like Family Medical Leave Act (FMLA) protections – are carefully examined and addressed.
III. When You’ve Already Terminated The Employee
Once an employee has been formally let go, follow-up discussions regarding final details can be done over the phone.
Maybe the employee has already been informed of their termination in person but they still need further explanation on severance pay or returning company property. In this case, a
a phone call can suffice.
This approach respects the employee’s time and helps to prevent needless extra meetings. Use the call to thank them for their work, give any final instructions, and respond to any remaining questions they may have.
Do’s & Don’ts Of Terminating Employees Over Phone
When terminating employees over the phone, you should approach the procedure carefully and professionally. Here are some do’s and don’ts to guide you.
| Do’s | Don’ts |
| Prepare thoroughly for the call | Don’t rush the conversation |
| Speak clearly and empathetically | Don’t use ambiguous language |
| Have the necessary documents ready | Don’t neglect to follow up in writing |
| Provide clear reasons for termination | Don’t blame or criticize the employee |
| Offer support and next steps | Don’t avoid answering questions |
| Schedule a time that works for both | Don’t call without prior notice |
| Ensure privacy for the conversation | Don’t conduct the call in a public space |
| Follow up with written documentation | Don’t skip offering severance details |
How To Fire Someone Over The Phone Ethically
If you really can’t avoid firing someone over the phone, it’s best to approach the situation with sensitivity and professionalism to minimize potential negative impacts. Here’s how to do it the right way.
Step 1: Research Legal Considerations
Before making the call, make sure you know the legal ramifications of firing a staff member. Familiarize yourself with relevant labor laws, including notice requirements and wrongful termination statutes. Here are the 5 most important considerations:
At-Will Employment Doctrine
In the US, most employment is “at-will,” meaning you can terminate an employee at any time for any reason, except for illegal reasons. However, check your state’s laws, as some states have exceptions or require just cause.
Anti-Discrimination Laws
Make sure the termination does not violate federal or state anti-discrimination laws. You cannot fire someone based on race, color, religion, sex, national origin, age, disability, or genetic information.
Contractual Obligations
Review any employment contracts or agreements. These documents outline specific procedures or conditions for termination, including notice periods or severance packages.
Worker Adjustment and Retraining Notification (WARN) Act
If your company is large and the termination involves multiple employees, you may need to comply with the WARN Act. This law requires 60 days’ notice before a mass layoff or plant closing.
Documentation & Consistency
Keep detailed records of the reasons for termination and any related performance issues. You have to be consistent in applying termination policies to avoid claims of unfair treatment or discrimination.
Step 2: Gather the Necessary Documents
Collect all relevant documentation before the call. This way, you bring clarity and transparency through the whole termination procedure. Here are the key documents you should consider
- Termination Letter: This document formally outlines the reasons for termination, the effective date, and any relevant details. It serves as an official record and should be clear and concise.
- Performance Reviews: Include recent performance evaluations to support the termination decision. These reviews provide context and evidence of any ongoing issues.
- Employee Handbook: The handbook should include company policies and procedures. It helps ensure that the termination aligns with company rules and expectations.
- Attendance Records: Document any attendance issues, including tardiness or unapproved absences. This information can support the decision if attendance is a factor in the termination.
- Warning Letters or Disciplinary Actions: Include written warnings or disciplinary actions that have been issued. These documents show that the employee was informed of the issues and had an opportunity to improve.
- Severance Agreement: If applicable, prepare a severance agreement outlining the terms of severance pay and benefits. This agreement should comply with company policy and legal requirements.
- Exit Interview Form: This form can be used to document the conversation during the termination call. It helps capture the employee’s feedback and any final remarks.
- COBRA Notification: This document informs the employee about their right to continue health insurance coverage under COBRA. It is a legal requirement and should be provided promptly.
- Final Paycheck Calculation: Make sure the final paycheck is ready, including payment for any accrued vacation or sick leave.
- Confidentiality and Non-Compete Agreements: Review and remind the employee of any confidentiality or non-compete agreements they signed.
Step 3: Draft a Termination Script
A scripted approach can help you deliver difficult news more effectively and with greater confidence. So create a concise and clear script to direct the phone call. Here’s a template that will help you in the conversation:
| Opening: “Hello [Employee’s Name], this is [Your Name] from [Company Name]. I appreciate you taking this call today. I have some important information to share regarding your position with the company.” Acknowledgment: “Before we proceed, I want to acknowledge the effort and time you’ve put into your work. This decision wasn’t made lightly.” Reason for Termination: “After careful consideration, we have decided to end your employment effective [date]. This decision is based on [specific reasons, like performance issues, policy violations, or company restructuring].” Details of Final Pay and Benefits: “You will receive your final paycheck, which includes any accrued vacation or sick leave. We will also provide you with information on COBRA coverage for your health insurance.” Return of Company Property: “Please arrange to return any company property, including [specific items like laptops, keys, or ID badges]. We will coordinate the return process and ensure it is convenient for you.” Support and Next Steps: “We are committed to supporting you during this transition. If you have any questions about the termination process or benefits, please reach out to [HR contact or another designated person].” Closing: “Thank you for your contributions to the company. We wish you the best in your future endeavors. If there’s anything else we can assist with, don’t hesitate to let us know.” |
Step 4: Make the Call & Follow the Script
Here are 5 best practices for making the call and following the script:
Choose the Right Time & Place
Schedule the call at a time when the employee can speak privately and without interruptions. Make sure you are in a quiet and confidential setting as well. This respect for privacy helps maintain dignity and professionalism.
Be Direct & Compassionate
Start the conversation by clearly stating the purpose of the call. Use the prepared script to communicate the termination decision directly and compassionately. Avoid unnecessary details or ambiguous language that could confuse the employee.
Stay Calm & Composed
Keep your tone calm and composed throughout the conversation. This helps you stay focused on delivering the message clearly and prevents the situation from escalating. Your demeanor sets the tone for the call and can help ease the employee’s response.
Listen & Allow Time for Processing
After delivering the news, give the employee time to process the information. Let them speak and express their feelings if they wish. Listen actively without interrupting, and offer support or clarification as needed.
Ensure Clarity on the Next Steps
Before ending the call, review the next steps, like returning company property, receiving the final paycheck, and understanding benefits like COBRA. Provide contact information for HR or other relevant personnel who can assist with further questions.
Use Emotional Intelligence
Emotional intelligence means being aware of and managing your emotions and understanding the emotions of others. Here’s how to use it when terminating someone over the phone:
- Empathy: Show genuine concern for the employee’s feelings and well-being.
- Self-Awareness: Be mindful of your own emotions and maintain a calm demeanor.
- Active Listening: Listen attentively to the employee’s responses and concerns.
- Clear Communication: Use simple, clear language to avoid misunderstandings.
- Emotional Support: Acknowledge the difficulty of the situation and offer support.
- Maintaining Respect: Treat the employee with dignity and avoid rushing the conversation.
- Non-Verbal Cues: Use a gentle tone and appropriate pacing to convey empathy.
Step 5: Address Employee Questions & Concerns
During the call, allow the employee to ask questions and express their worries. Be prepared to provide clear and honest answers while remaining empathetic and professional.
Addressing their concerns helps mitigate feelings of resentment and confusion. Providing emotional support and clear information during termination can help to lessen the negative effects on the mental health and well-being of the employee being terminated.
Step 6: Provide Information on Next Steps and Support
Clearly outline the next steps, including details about benefits, final paychecks, and any severance payouts.
Provide contact information for HR or other support resources the employee may need. Offering thorough information on the next steps will help the employee adjust more easily and show their company’s dedication to their welfare even under difficult circumstances.
Step 7: Send a Follow-Up Email with Details
After the call, send a follow-up email summarizing the key points discussed, including the reasons for termination, the next steps, and any support resources offered.
This written confirmation gives the employee an accurate record of the conversation and helps to guarantee that no misunderstandings happened. A follow-up email can also serve as valuable proof should there be any conflicts later on.
Step 8: Offer Employee Aftercare Resources
Provide the terminated employee with resources to help them transition, such as career counseling, job search assistance, or mental health support.
Offering these services can help the employee to go forward and preserve a good rapport with your business. Also, they can greatly lessen the negative effects on the employee and improve their capacity to bounce back and land a new job.
Conclusion
While sometimes it is necessary to terminate someone over the phone, you should handle it carefully to keep professionalism and empathy. Remember that employees are people with feelings. Your goal should be to end the employment relationship in a way that minimizes negative impact for both the employee and your company. And the best way to go about it is to follow the strategies and avoid the mistakes we just discussed.
FAQs
Can I be fired over the phone in California?
Yes, you can be fired over the phone in California. The laws state that you don’t have to be fired in person, provided the termination does not violate laws against wrongful termination, discrimination, or retaliation.
Can you be sacked over the phone in the UK?
Yes, you can be sacked over the phone in the UK. A dismissal can be verbal or in writing, so a verbal dismissal is legally valid.
Is it legal to fire someone over the phone in Ohio?
It’s legal to fire someone over the phone in Ohio. Ohio is an at-will employment state, which means it allows termination through nearly any means of communication.
Does HR call to fire you?
HR isn’t required to call you. That said, usually, the decision to fire comes from the manager or supervisor, while HR coordinates the process and ensures compliance with laws and policies.
How many warnings before termination?
Typically, you give one verbal warning and 2 written warnings (initial and final) before terminating an employee. However, severe misconduct like stealing company assets or doing physical harm to other employees may result in immediate dismissal without prior warning.
