Q&A about employee terminations

Mike Zinser

Question: Is an employer required by law to communicate in writing to an employee the reason he/she was discharged?

Answer: Under federal law, there is no requirement that an employer provide an employee who has been discharged from service a written statement outlining the reasons for the discharge. However, several states have legislation in place requiring employers to provide "service letters" regarding reasons for discharge. This varies from state to state. For example, the states of Tennessee and Georgia have laws addressing separation notices. The states of Mississippi, Alabama, North Carolina, South Carolina and Florida do not.

Question: Regardless of the law, what is the best practice?

Answer: It is my recommendation that an employer should consider writing a letter to the employee, providing a specific reason for the termination to substantiate the reason for the decision in the event that the employee later files a legal claim against the company, alleging discrimination. This letter can serve as important documentation of the employer's motivation.

In an actual case handled by our firm, a union vice-president who was black called his supervisor, in front of others, a "bastard, redneck, son-of-a-bitch." The company wrote the individual a letter, specifically telling him that he was being fired for calling his supervisor a "bastard, redneck, son-of-a-bitch." The employee later filed discrimination charges, claiming that the reason for his discharge was his union office or his minority status. Both charges were ultimately dismissed, with the letter documentation being an important factor in the company's success.

Note: Nothing in this SNPA Legal Hotline Q&A should be relied upon as legal advice in any particular matter.

L. Michael Zinser is the founding partner of The Zinser Law Firm in Nashville, Tenn. The firm, which has a heavy concentration of clients in communications media, represents management in the area of labor and employment. Zinser can be reached at (615) 244-9700 or mzinser@zinserlaw.com.

SNPA's free Legal Hotline for members – (844) 804-2016 – is designed to assist newspapers with a broad range of legal issues. Hotline attorneys and CPAs will tackle questions about circulation, independent contractors, labor and employment law, taxes, finances and accounting, employment benefits, open records, libel and privacy, and other issues newspapers encounter.

The attorneys and CPAs who will take calls from SNPA member newspapers are the best in the business:  The Bussian Law Firm PLLC, Fisher & Phillips, Way, Ray, Shelton & Co., P.C. and The Zinser Law Firm.