Firing someone is never easy. It’s one of the hardest parts of being an employer or manager. You may find yourself asking: “Can I fire an employee over the phone? Is it even legal? And if yes, should I actually do it?”
These are important questions because how you let someone go doesn’t just affect that person—it also affects your team, your reputation as an employer, and sometimes even your legal standing. In this guide, you’ll learn whether it’s legal to fire someone over the phone, when it might make sense, why it’s usually not the best option, and how to handle it if you have no choice.
Is It Legal to Fire Someone Over the Phone?
Let’s start with the legal side. There are no federal laws in the United States that forbid firing someone over the phone. That means technically, yes, you can fire someone by making a phone call.
But here’s the catch:
- Some states have their own laws that require employers to give written notice or a face-to-face notice of termination.
- Many company policies also require certain steps—like official paperwork or an in-person meeting—before a termination can be finalized.
So before you pick up the phone, check:
- Your state’s labor laws.
- Your company’s HR policies.
If both allow it, you’re legally fine. But legality is only one piece of the puzzle—there’s also professionalism, fairness, and the human side of the situation.
Why Firing Someone Over the Phone Isn’t Recommended
Just because you can do something doesn’t always mean you should. Firing someone over the phone often creates more problems than it solves. Let’s look at why.
1. It Feels Cold and Impersonal
Imagine being let go without even being looked in the eye. For most people, that feels humiliating. It can make the employee feel disrespected and leave them with a bitter memory of your company.
Even if you think, “Well, they’re leaving anyway, why should I care?”, remember this: employees talk. They’ll likely tell your current staff—and maybe even future candidates—about how their termination was handled. That story can hurt your company’s culture and reputation.
2. It’s Hard to Document
Phone calls are tricky. If the employee later files a wrongful termination claim, it’s basically your word against theirs. Written termination notices, on the other hand, clearly state the reasons, dates, and details—and can be used as legal evidence if necessary.
3. Misunderstandings Are Common
When you can’t see the person, you lose the benefit of body language and non-verbal cues. You might say something with one tone, but the employee hears it differently. Or they might not fully understand the reasons because the explanation over the phone wasn’t clear enough.
4. It’s Emotionally Tougher on the Employee
Losing a job is one of the most stressful experiences a person can face. Being fired over the phone often feels rushed and gives the employee little chance to ask questions or express themselves. That lack of closure can make the experience even more painful.
When It Might Make Sense to Fire Someone Over the Phone
With all that said, life isn’t always perfect. Sometimes you may not have the option to sit down with an employee face-to-face. In these cases, firing someone over the phone might be your only practical solution.
1. When the Employee Is Remote or Not Local
If your employee works in another city, state, or even country, bringing them into the office may not be realistic. In such cases, a phone or video call is often the only option.
2. If the Employee Is on Leave
This is tricky because there are strict laws about terminating employees who are on medical or family leave. But if the decision to fire them was made before they went on leave, and you have documentation to prove it, then a phone termination may be acceptable.
3. If the Situation Is Urgent
Let’s say the employee has committed serious misconduct—something that puts other employees in danger or risks the company’s reputation. In that case, you can’t wait for an in-person meeting. A phone call or video conference may be necessary to act quickly.
4. If the Employee Has Stopped Reporting to Work
Sometimes employees simply stop showing up. After you confirm they’re not sick or in an emergency, you may have no choice but to call them to let them know the job is no longer waiting for them.
Best Practices for Firing Someone Over the Phone
If you do decide that a phone termination is unavoidable, there are ways to make the process more respectful and professional.
1. Choose the Right Time
Don’t call an employee in the middle of their workday or when they might be busy with something stressful. Instead, choose a time when they can focus fully on the conversation and ask questions.
2. Be Direct but Respectful
Clarity is key. Don’t drag out the call or sugarcoat the decision so much that the employee gets confused.
- Clearly state that you are terminating their employment.
- Briefly explain the reasons.
- Thank them for their contributions.
But do this respectfully—your tone matters as much as your words.
3. Offer Support and Feedback
While you may not want to go into too many details, offering feedback can help the employee understand what went wrong and prepare for future opportunities. You can also let them know about any resources (like unemployment benefits or job placement services) they may be eligible for.
4. Follow Up With Written Documentation
After the call, send the employee an official termination letter. This should include:
- The termination date.
- The reason for termination.
- Information about severance pay, benefits, or unemployment eligibility (if applicable).
This step not only keeps you legally protected but also makes the decision formal and professional.
5. End on a Positive Note
Even though you’re ending the working relationship, you can still leave things on good terms.
- Thank them sincerely for their time and effort.
- Wish them well in their career.
- If appropriate, offer to provide a reference.
That small act of kindness can make a big difference in how the employee remembers the experience.
Alternatives to Phone Termination
If you’re on the fence about firing someone over the phone, consider these alternatives first:
- Video Conference: A video call is better than a phone call because it allows for eye contact and body language. It makes the conversation feel more human.
- Ask Them to Come In: If they live close enough, schedule a private meeting in the office.
- Send Written Notice After a Meeting: If you talk to them first (whether in person or over video) and then follow up with a letter, it balances compassion with documentation.
Key Takeaways
- Legal: In most cases, firing someone over the phone is legal, but always check state laws and company policies.
- Practical: Sometimes it’s unavoidable—like if the employee is remote, on leave, or has committed serious misconduct.
- Professionalism: While it’s legal, it’s not always the best choice. Phone terminations can feel impersonal, hard to document, and emotionally harsh.
- Best Practices: If you must fire by phone, do it respectfully, clearly, and with proper follow-up documentation.
Final Thoughts
So, can you fire someone over the phone? Yes, you can. But should you? Only in certain situations.
Whenever possible, aim for a face-to-face meeting or at least a video call. Termination is a deeply personal and emotional experience, and handling it with care shows respect not only for the employee but also for the culture of your company.
If you find yourself in a situation where phone termination is the only option, do it thoughtfully. Be clear, be professional, and follow up with proper documentation. Ending things on a positive note—no matter how difficult the circumstances—can protect your company’s reputation and help the employee move forward with dignity.