Writing a termination letter can be a daunting task when you realize that so much can rise or fall on what it says. A few straightforward strategies can help you prepare a termination letter that provides all the benefits and helps you manage the risks that accompany all termination decisions.

 

A termination letter is obviously a critical document. It will be scrutinized by the employee. Every word will be parsed by the employee's lawyer. And, if necessary, jurors will review it during their deliberations to decide whether you proved the legitimate reasons for termination you explained in the letter.

 

That said, you should view the letter as an opportunity to boldly communicate why termination is the right result under the circumstances. With a few guidelines, you can write termination letters that communicate strength and confidence.

 

A termination letter must directly and factually state the reasons for the termination—the purpose and strength of your decision. While the form of that statement may change depending on the situation, it should include a detailed summary of the employee's conduct or performance that supports the decision. If appropriate, the letter should specifically refer to the company policy the employee violated. Also, to the extent that past disciplinary actions or performance management efforts support the decision, the letter should review those efforts.

 

When the decision is based on misconduct, the letter should consist of a summary of the employer's investigation findings:

 

We have concluded, following our investigation, that your conduct toward other employees on July 16, 2018, violated the company's antiharassment and discrimination policy. In particular, your display of sexually suggestive photographs in your cubicle and your explicit language in describing those images to others were direct violations of company policy. Also, you received a written warning and additional training on your obligations to avoid such conduct in January 2018. 

 

Some investigations of misconduct require the employer to decide who is telling the truth. When the employee has denied the wrongdoing that supports the termination decision, your statement of the termination reasons should explain why you discounted his version of events:

 

We understand that you deny posting the offensive photograph, but other witnesses contradicted your denial and informed us during the investigation that you told them about printing the photograph and that you were thinking about putting it on the wall of your cubicle. Also, employees reported seeing the image in your cubicle over the course of several hours, including while you were present. 

 

Performance-based terminations may require a broader explanation:

 

 

Again, regardless of the reason for the termination, it's important to remain focused and factual. Be detailed, but don't resort to the "shotgun" approach of including every misstep the employee made over the last several years. 

 

It's sometimes tempting to "pile on" with the employee's entire history, but some courts have noted that an employee can raise evidence of pretext (a discriminatory cover-up) by attacking the credibility of any of the employer's reasons if the employer has asserted several reasons to support the decision. Stick to the events and past disciplinary action or performance management that actually contributed to the termination decision, and don't rely on stale issues to bolster your reasons.

 

Also, avoid inflammatory characterizations of the employee's conduct. A statement like "You sexually harassed your coworkers" or "Clocking out late amounts to stealing the company's money" is likely to motivate rather than discourage legal challenges. Identify the policy or performance expectation the employee violated and how his conduct fell short. Leave out the adverbs and adjectives.