Is it illegal to fire someone over the phone?

Terminating an employee is never easy, and doing it the wrong way can lead to more than just awkward conversations…it can result in legal trouble.

That’s why clear legal frameworks exist around how and when a business can dismiss someone. These guidelines help employers protect their interests while ensuring that employees are treated fairly and respectfully.

But what happens when the conversation doesn’t take place face-to-face? Is it illegal to fire someone over the phone?

In this blog, we’ll explore the legal and professional considerations behind phone-based terminations and when they may be appropriate.

Understanding “At-Will employment”

In the U.S., most employment relationships are considered at-will, meaning employers (and employees) can end the arrangement at any time, for almost any reason, as long as it isn’t illegal (e.g., discrimination) or constructive discharge.

At-will employment allows for termination with minimal notice or cause, unless restricted by contract or statute.

There are laws, such as the Civil Rights Act and the Americans with Disabilities Act, that prohibit firing for protected reasons.

Here are the key points before exploring when phone terminations are acceptable:

• Legal grounds for termination in the U.S. – In most U.S. states, at‑will employment means employers may terminate employees for any reason or no reason at all.
• Exceptions to at-will employment – However, exceptions do apply. Courts recognize wrongful termination if it’s based on discrimination, breach of contract, retaliation, or public policy violations.

When terminating by phone is permissible

There are specific scenarios where terminating someone by phone is permissible, especially when in-person meetings are impractical or pose risks.

The employee works remotely

With the rise of remote work, in-person termination may not be feasible. Axios reported that virtual terminations became more common during the pandemic, even at major companies like Coinbase and Carvana.

A phone call or ideally a video call can serve as a respectful and timely way to inform the employee. Employers should still document the conversation and follow up in writing.

The employee is difficult to reach

If an employee is on leave, traveling, or unavailable for an in-person meeting, a phone conversation might be necessary to proceed with formal termination.

Delaying a decision indefinitely could negatively impact business operations.

The business is closing or downsizing

During sudden closures or mass layoffs, as seen during the COVID-19 pandemic, many employers had no choice but to communicate job losses over the phone.

In these cases, the goal is to notify affected staff quickly and provide any necessary documentation or support afterward.

So again, is it illegal to fire someone over the phone under these circumstances? Generally, no, as long as the reasons for termination are lawful and proper procedures are followed.

Is there a required format for dismissals over the phone?

In most U.S. states, there is no law that specifically prohibits firing someone over the phone. 

That means employers are not legally required to terminate someone in person or in writing, unless their contract or local regulations say otherwise.

However, some companies may have internal HR policies that require written documentation or an in-person meeting before termination becomes official.

Failing to follow those procedures might not be illegal in the general sense, but it can still open the door to internal complaints.

How to handle phone terminations with care

Even when it’s legally acceptable, terminating an employee over the phone should never be done casually.

The method of delivery may be remote, but the impact on the individual is deeply personal.

Employers must approach phone-based dismissals with the same level of preparation, professionalism, and empathy as they would in person.

Below are best practices to ensure the process is handled appropriately and respectfully:

1. Plan the conversation thoughtfully

Before making the call, take the time to plan the conversation.

Outline the key points you need to cover, including the reason for termination, the effective date, any final compensation, or next steps.

Schedule the call in advance whenever possible, giving the employee a brief, neutral reason for the meeting (e.g., “a discussion regarding your employment status”).

Choose a time that respects the employee’s schedule and avoids busy or high-stress moments, such as the end of a long shift or the start of a weekend.

2. Have a witness present

It’s highly recommended to include a second party on the call, typically an HR representative or direct manager, to serve as a neutral witness.

This protects both the employer and the employee by ensuring that what was said during the conversation is properly documented.

3. Be direct, clear, and compassionate

Clarity and empathy go hand in hand during termination discussions. The goal is to communicate the decision firmly, but with respect and understanding.

Use plain language to avoid confusion. For example: “We have made the decision to end your employment, effective immediately.”

Keep your tone calm, steady, and professional. Allow space for the employee to respond or ask questions, and avoid interrupting them.

4. Follow up with written documentation

After the phone conversation, it is critical to provide official documentation of the termination in writing. This should be done immediately or within the same day.

Send a formal termination letter via email or secure HR platform. This letter should include the date of termination, final pay information, return-of-property instructions (if any), and any post-employment benefits.

So, is it illegal to fire someone over the phone?

So, is it illegal to fire someone over the phone? The short answer is no, but it should always be done lawfully, respectfully, and with careful documentation.

However, employers should always consider the following:

• Whether the decision complies with employment laws
• If the employee is entitled to notice or written confirmation
• The impact of the method on the employee’s dignity and morale