HR Hotline: Must We Explain Termination Decisions in Writing?

Q: When terminating an employee, is it enough to provide a pink slip and a verbal explanation of our decision, or must we also describe in writing why the employee is being terminated?  

A: Connecticut law does not require employers to provide a written explanation of the reasons for an employee’s termination.  

All Connecticut employers must provide a separation packet, which includes a Separation Notice and instructions to the worker immediately upon termination of employment or layoff.

However, neither the unemployment notice nor Connecticut’s personnel file statute requires an employer to create a written termination letter explaining the reasons for the discharge.  

That distinction is important. While some employers choose to provide a written termination letter outlining the reasons for the decision, there are advantages and disadvantages to doing so.  

On the one hand, a written explanation can help demonstrate that the employer acted for legitimate business reasons and may reduce confusion about the basis for the termination.

A well-drafted letter can also be useful if the employer later needs to defend the decision in an unemployment, administrative, or litigation proceeding.  

Communicating Decisions

On the other hand, a written explanation creates a document that may later be scrutinized by agencies, courts, or opposing counsel.

Any inconsistency between the termination letter and the employer’s later position can create unnecessary complications.

For that reason, many employers choose to communicate the reason for termination verbally, or forego providing an explanation altogether, while limiting written documentation to what is legally required.  

Under Connecticut’s personnel file statute if an employer provides written disciplinary action, written notice of termination, or other disciplinary documentation, the employee has the right to submit a written statement disagreeing with the contents of that document, and the employer must retain that statement in the employee’s personnel file.  

The statute does not require employers to create written disciplinary or termination documents.

However, the statute does not require employers to create written disciplinary or termination documents in the first place.

Nor does it require employers to give an employee an opportunity to submit a written response when no written disciplinary or termination document has been issued.  

In many cases, providing the required UC-21A and a verbal explanation of the decision is sufficient.

Whether to provide a separate written explanation is a strategic choice that depends on the circumstances of the termination.  

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HR problems or issues? Email or call CBIA’s Diane Mokriski or Delmarina López at the HR Hotline (860.244.1900). The HR Hotline is a free service for CBIA member companies and is intended to provide general information and does not constitute legal advice. Please consult with legal professionals for specific guidance for your specific situation.