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What to Say (and Not Say) When Firing Employees or Contractors

By 
Zack Kinslow
 
Director of Product Marketing at Worksuite

Ending someone's employment or contract is the hardest thing most managers ever have to do, and almost nobody is taught how. You learn it the way you learn most management, by being thrown into it, usually with a sense of dread and a script you wrote the night before.

There's a right way and a wrong way to do this. 

Handled poorly, a termination humiliates someone, exposes the company to legal risk, and rattles everyone still on the team. Handled well, it's still hard, but it lets a person leave with their dignity intact. 

This is a guide to the second kind (for both employees and contractors), because ending a contractor engagement well is an important skill, too.

Key Takeaways

  • Be direct, be human, and be brief. Deliver the decision clearly in the first minute, treat the person with respect, and don't drag out a conversation that's already been decided.
  • What you say is shaped by where the person works. At-will rules in the US differ sharply from unfair-dismissal law in the UK and Australia, and getting the process wrong creates legal exposure.
  • Ending a contractor engagement isn't a firing — it's a contract ending or not being renewed. It calls for a different, and often warmer, conversation.
  • The goal isn't a perfect script. It's a clear decision delivered with enough humanity that the person keeps their dignity and you keep your integrity.

First, the Principles That Apply Everywhere

Before any specific words, a few things hold true regardless of who you're letting go or where they are.

  • Make the decision before the meeting, and don't reopen it. A termination conversation isn't a negotiation or a debate. By the time you're in the room, the decision is made, and the humane thing is to be clear about that rather than letting the person argue for a reversal that isn't coming.
  • Get to the point fast. The cruelest thing you can do is bury the decision under five minutes of small talk while the person senses what's coming. Say why you're there in the first minute. Everything after that is about how.
  • Be a person instead of a policy. You can be clear and still be kind. Compassion costs nothing and changes everything about how the next ten minutes feel.
  • Never make it about them as a human being. The decision is about the role, the fit, the business, or the work, not about their worth as a person. That distinction is both the decent thing and the legally safer thing.

What to Say When Firing Someone

A conversation that respects the person and the moment tends to follow the same five beats (in order):

  1. Open with the decision, plainly. Something like: "I've got some difficult news. We've made the decision to end your employment, and I want to walk you through what that means." No preamble, no suspense.
  2. Give the reason clearly and briefly. Depending on your jurisdiction and the situation, this might be a short factual account (performance issues previously documented, a role being eliminated) or, where at-will applies and you're advised to keep it simple, a brief and honest framing. Don't invent reasons, and don't pile on a list of grievances. One clear reason, delivered once.
  3. Acknowledge the human moment. "I know this is hard to hear" isn't weakness. Silence after you've delivered the news is fine. Let them react. Don't rush to fill it or fix it.
  4. Move to the practical. What happens next: final pay, benefits, notice, return of equipment, how their departure will be communicated. Having this written down to hand over means they don't have to absorb it all in a moment when they're not really listening.
  5. Close with respect. Thank them for their contributions if that's genuine. Offer a reference if you can give one honestly. End the conversation with their dignity intact.

What Not to Say When Firing Someone

Some phrases make a hard moment worse or create legal risk. Avoid these:

  • "I know how you feel." You don't, and it reads as hollow.
  • "This is harder for me than it is for you." It isn't, and saying so centers you instead of them.
  • "You're a great person, but..." The "but" erases the compliment and signals you're about to contradict it.
  • Long justifications, blame, or a recap of every misstep. The decision is made. Relitigating it prolongs the pain and can hand them power if things turn legal.
  • Jokes to cut the tension. They never land the way you hope.

Where the Person Works Changes How You Fire Them

This is the part that creates real legal exposure. Employment law varies by country, and what's routine in one place is unlawful in another.

United States: At-Will, With Limits

Most US employment is “at-will” or “no cause”, meaning either party can end the relationship at any time for almost any reason, as long as it's not an illegal one (discrimination, retaliation, and similar protected grounds). Montana is currently the only state in the U.S. that requires “just cause” to terminate an employee, as of 2026. This gives US employers latitude, but at-will is not a shield against a wrongful-termination claim if the real reason was unlawful. 

Many US employers are advised to keep the stated reason brief and factual for exactly this reason. At-will has real exceptions:

  1. Union contracts. Employees covered by a collective bargaining agreement generally aren't at-will. Most CBAs require just cause for termination, spell out progressive discipline (verbal warning, written warning, suspension, then termination), and give the worker a grievance procedure to challenge the decision. If the person you're letting go is in a union, the contract governs, not the at-will default.
  2. Written employment contracts. A signed contract or offer letter that specifies termination conditions binds you to those terms. If it requires 30 days' notice or cause, that's the standard you have to meet regardless of what state law would otherwise allow.
  3. Implied contracts. In 44 states, an employee handbook or a consistent past practice can create an implied contract without anyone signing anything. If your handbook promises three written warnings before termination, firing someone after one can expose you to a claim. Worth having Legal read your handbook with that in mind.
  4. Public employees. Government workers, including teachers and civil servants, are often covered by tenure or civil service rules. Where those rules create a legitimate expectation of continued employment, the due process clauses of the Fifth and Fourteenth Amendments generally entitle the worker to notice and a hearing before termination.

United Kingdom: Fair Reason, Fair Process

There's no at-will employment in the UK. Employees with two years of continuous service currently have protection against unfair dismissal, meaning you need a fair reason (conduct, capability, redundancy, and a few others) and you must follow a fair process, generally the Acas Code of Practice. 

That's changing soon: under the Employment Rights Act 2025, the qualifying period drops from two years to six months on 1 January 2027, and the cap on compensation is being removed. UK terminations require a documented process instead of a conversation.

Australia: Notice Periods and Fair Work

Australia also has no at-will employment. The Fair Work Act sets minimum notice periods that scale with length of service:

  • Under 1 year: 1 week
  • 1 to 3 years: 2 weeks
  • 3 to 5 years: 3 weeks
  • Over 5 years: 4 weeks
  • Plus an extra week for employees 45 and over with at least 2 years' service

Employees who've served at least six months can bring an unfair-dismissal claim if the dismissal was "harsh, unjust or unreasonable," and final pay must include accrued leave. Serious misconduct is the main exception that allows dismissal without notice, and it has to genuinely qualify.

Ultimately, the US gives employers the most latitude in the moment, while the UK and Australia require a documented, fair process built well before the termination conversation happens. If you're managing people across borders, you can't run a US playbook in London or Sydney. This is one of the main reasons companies hiring internationally use an Employer of Record (EOR), which carries the local employment relationship and handles termination in line with each country's law.

Ending a Contractor Engagement Is Different

A lot of the people you may need to part ways with aren't employees at all. They're independent contractors, and ending a contractor relationship is a different thing, both legally and humanly.

You Don't Fire a Contractor, You End a Contract

You end a contract, or you choose not to renew one, according to the terms both sides agreed to. There's usually no termination meeting in the employee sense, no severance, no unfair-dismissal exposure, provided the person was accurately classified as a contractor and the contract's terms are followed. 

What there is instead is a professional relationship that deserves to end professionally. The mechanics are simple:

  • Check the notice terms in the contract and honor them
  • Confirm final deliverables and process the final payment
  • Communicate the decision clearly and in writing

The Relationship Is Where People Get It Wrong

Contractors talk to each other. The freelance world is smaller and more networked than most companies realize, and how you treat someone on the way out determines whether they (and everyone they talk to) would work with you again.

So end it like a professional who values the relationship. 

Something like: "This project's wrapping up and we won't have work for you past the end of the month, but it's been great working with you, and I'd like to keep you in mind for future projects." 

That costs nothing and keeps a good contractor in your orbit. Pay the final invoice promptly. If the work was good, say so, and mean it. 

Then keep that relationship somewhere you can find it again. A private talent network is your own branded rolodex of vetted contractors, with their skills, rates, availability, and your team's internal feedback attached to each profile. It's the difference between institutional knowledge that lives in your company and institutional knowledge that walks out the door when a resource manager leaves.

Jack Morton found that sourcing a contractor from scratch, writing the brief, screening, calling, and chasing people down, ate roughly eight hours per hire before onboarding even started. Re-engaging someone you've already vetted, onboarded, and rated skips nearly all of that, and it chips away at the broader administrative burden that consumes a contingent program's budget.

The human in how you handle contingent workers lives right here. Don’t treat contractors as disposable, ghost them when a project ends, pay the last invoice late, or end things coldly. It’s morally wrong, and it’ll hurt your business in the end. 

How Worksuite Helps You Offboard Contractors

Worksuite handles the contractor side of this to make ending an engagement clean and simple. Contract terms (including notice periods and end dates) live in the platform, so you know exactly what was agreed and when an engagement is set to end. Expiry and renewal reminders surface before a contract lapses to help you make informed decisions to renew or not, rather than letting a relationship end through silence and a missed email.

Managers can even layer-in an internal performance review to the contract workflow, maintaining team feedback in a centralized rolodex for all past engagements. This helps retain institutional knowledge and rationale for why the contract was ended, so that a new manager can avoid mistakes that were already learned. 

Final payments run through the same system. This helps the last invoice get paid on time, which is the single clearest signal of respect you can send a departing contractor. And because every engagement, deliverable, and rating is on record, a contractor you part with well stays in your searchable talent pool, easy to re-engage when the next project fits.

Book a live demo to see how Worksuite manages contractor engagements from onboarding and compliance through offboarding.

Zack Kinslow
Written by

Zack Kinslow

Director of Product Marketing at Worksuite

Zack Kinslow is Director of Product Marketing at Worksuite, with 15+ years spanning advertising, media, and technology platforms. Having personally managed 150+ freelancers and collaborated with global teams and creative agencies across 20+ countries, he brings firsthand perspective to the challenges of running a modern contingent workforce. Zack is passionate about education and curious about the evolving future of work.

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FAQ

The decision itself, clearly and early. Don't bury it under small talk. Open with something like ‘I have difficult news — we've decided to end your employment,’ then explain briefly and move to what happens next. Clarity is the kindest thing you can offer because dragging out the moment or leaving room for confusion makes it harder for everyone.

Legally and practically, a lot. You don't fire a contractor — you end or decline to renew a contract according to its terms. There's typically no severance and no unfair-dismissal exposure, provided the person was genuinely a contractor and the contract terms are honored. The conversation is usually warmer and more forward-looking, since you may want to re-engage them, and the freelance network is small enough that reputation travels.

Yes, dramatically. The US is mostly at-will, giving employers wide latitude. The UK requires a fair reason and a fair process for employees past a qualifying period (two years now, dropping to six months in January 2027). Australia sets statutory notice periods and unfair-dismissal protections under the Fair Work Act. Running a US-style termination in the UK or Australia can create real legal liability, which is why companies hiring abroad often use an Employer of Record (EOR) to handle local compliance.