“The leadership task that brings me the most joy is firing someone!” said no leader ever. I can think of very few (sane) leaders who look forward to termination conversations. Letting a team member go is often one of the most difficult and emotionally charged responsibilities leaders face. But when handled with intention, termination and subsequent offboarding can be a moment of growth for your firm, your team, and even the departing employee.
Often, firms hear the word “offboarding” and think it means paperwork and benefits transitions. While those things are important, just like all well-considered systems, doing it right involves so much more. Offboarding is a process that requires professionalism, empathy, and strategy. Learning to do it well protects your firm, preserves relationships, and sets the tone for culture.
When someone is terminated, emotions run high. But offboarding should never feel like a bar fight! The stakes are different from when someone resigns or retires. But that’s exactly why a structured offboarding process is so critical.
A thoughtful offboarding strategy:
The goal of your offboarding should not be to sugarcoat a termination or to pretend like everything is fine. Your job isn’t to drag it out or open the door to desperate negotiations or a shouting match. This is not the time to vent frustrations, assign blame, or tear someone down. Instead, offboarding is akin to a professional divorce where the goal is to separate with dignity, clarity, and the least amount of damage possible. If you can’t approach this as a human first, you should not be in a position to terminate team members, period.
If you’re terminating someone and they didn’t see it coming, that’s a leadership failure. I’m hopeful your firm regularly consumes Vista blogs and knows that every team member deserves TOOLS, TRAINING, and EXPECTATIONS. If you’ve not provided those three essentials, you don’t have an employee performance problem – you’ve got a leadership problem. Your team members should receive ongoing communication, regular feedback, clear expectations, and opportunities to improve. Termination should be the final step in a documented process and never a sudden decision or a “big mad” moment. Team members should never hear about concerns, opportunities for improvement, or frustrations for the very first time in a termination conversation. In fact, surprise terminations erode trust and increase the risk of legal action.
Termination conversations are never easy, and leaders may be tempted to overexplain, sugarcoat, criticize, or present them as open negotiations. When it’s time to deliver the news, be direct but compassionate. Avoid vague language or euphemisms. Explain the reason for the termination clearly and succinctly, reference prior conversations or documentation (or performance improvement plans), and outline next steps.
This isn’t the time for personal attacks or emotional unloading. Keep it professional, focused, and kind. If the employee begins to argue or attempt to negotiate, politely tell them that the decision is final.
Pro tip: Keep a box of tissues nearby. These conversations can be difficult to hear, and it’s not unusual for someone to get teary, angry, or upset. You want to be prepared for all those emotions. Keep your voice calm and steady, and avoid matching them in anger or displaying pity. Your goal is to be as calm and collected as possible.
Immediately collect all company-owned equipment, such as laptops, phones, keys, badges, company credit cards, and documents. Revoke access to email, internal platforms, case management and other software systems, and any other sensitive data.
This step protects your firm’s security and minimizes retaliatory behavior. Of course we want to think the best of people, but protecting your firm and your sensitive data is just good business.
However, allow the team member to maintain their dignity. Loudly marching someone out with a box and a security guard is not necessary (unless it really is). Give them a moment to gather their personal items from their desk, and have a supervisor walk them out respectfully.
Most firms are not conducting exit interviews, and they should be. You may know from earlier blogs of mine that I firmly believe a complaint is a gift. Exit interviews are your chance to gather unvarnished insight. In fact, their candid responses may be just what you need to hear or learn to improve your culture or processes going forward. Ask what worked, what didn’t, and what they’d change. You might be surprised by what you learn. Years ago, at a former organization, we asked about benefits in our exit interviews. We thought people were wowed by a generous retirement contribution or our health benefits. While those things were certainly appreciated, the #1 benefit people raved about? A free gym membership! That taught us to highlight that benefit in our job ads going forward.
Keep your tone neutral and open and avoid arguing or defending. You’re not looking for validation or a pat on the back. You’re seeking information and opportunities to improve.
I can’t tell you how many Vista Law Firm Assessments I have been on where team members tell us they had no idea someone was let go until their email bounced back or they tried to visit them at their desk! That is WILD. Keeping terminations a secret breeds rumors, speculation, confusion, and fear that their jobs may be next. Share the news with your team promptly and avoid being gossipy.
Here’s an example of a simple email communication to remaining team members:
Dear Team,
I want to inform you that Tina Smith, Intake Specialist, is no longer with the firm. We appreciate her contributions and wish her all the best in her future endeavors.
Please direct any questions, communication, or matters that would have gone to Tina to Director of Intake Jackie Osborne until the position is refilled.
Make it clear where the terminated person’s work should land so the team isn’t scrambling. The particulars and reasons for termination do not need to be included, but be prepared to assure the team if they have fears or concerns.
Whenever someone is terminated, your remaining team members may be skittish or wonder if they are next. One of the best ways to combat that is to have a well-documented progressive discipline policy so team members know that terminations would not come as a surprise to them either.
If the termination wasn’t due to misconduct or ethical issues, and you can honestly speak to the employee’s strengths, you may consider offering them a reference letter. That’s a generous gesture that reflects well on your firm and maintains a dignified relationship.
As with all relationships, don’t burn a bridge. Terminating respectfully and offering them the kindness of a reference letter leaves the door open. This person may even become a future referral source. You never know how your lives may intertwine in the coming years, so respect is always the right move.
Terminations can understandably shake your team’s confidence. Reassure them. Share how you’re improving systems and processes to ensure that all team members understand expectations and what success looks like. Make space for concerns, but always avoid badmouthing or gossiping about the terminated team member or sharing sensitive information about them.
Your team is watching how you handle this, and it influences how safe they feel staying and their trust level in you as a leader.
Every termination is a chance to grow. Was the role clearly defined? Was the onboarding process strong? Did leadership miss early warning signs?
Use the experience to refine your hiring, training, and management practices. Growth often comes from lessons
As a personal injury law firm, you fight hard for your clients. But you must also lead with care for your team. Terminating an employee is never easy, but it doesn’t have to be destructive.
When you offboard with intention, you protect your firm, preserve your culture, and model the kind of leadership that earns respect.
How you say goodbye matters every bit as much as how you say hello.
Need support refining your HR processes? Vista has extensive experience helping law firms develop effective tools, training, and expectations. Reach out today to see how we can help your firm lead with confidence.
