A disturbing practice is that some employers don’t want to talk to their employees. They are ready to terminate the person’s employment for apparent misconduct or a policy violation, but they haven’t spoken to the employee about the issue. Whether it's ongoing performance problems, allegations of sexual harassment or bullying, excessive absenteeism, theft, or myriad other issues, those in management roles would rather just “make the problem go away” than do their job – a job which requires having difficult, sometimes uncomfortable, conversations.
This avoidance undermines a basic principle of sound management. You are making an employment decision based on one version of events, without testing its accuracy or giving the employee a chance to respond. This is not only unfair to the employee, it is a poor business practice that could have major legal risks.
You risk losing a productive worker (or one who could be productive with proper accountability), damaging morale among the remaining staff, and sending the message that allegations of misconduct are not resolved through investigations but through ignorance and avoidance. Over time, this erodes trust in management, increases disengagement and misconduct, and could encourage meritless complaints.
There are real legal consequences to this kind of avoidance. Terminating an employee without a reasonable basis (even with at-will employment) increases the risk of wrongful termination claims, discrimination and retaliation allegations, and challenges to unemployment or other agency determinations. Even if an employer ultimately prevails, the time, cost, and distraction of defending these claims are significant.
So, don’t be hasty to terminate. It is important to have the difficult conversation, gather facts, assess credibility, and make a reasoned decision.
In reality, there have been several occasions in which an employer learns, after talking with the “problem employee” and investigating as needed, that the employee did not engage in the alleged misconduct and was actually the victim of harassment and fabricated accusations. On other occasions, the employer learned the employee wasn’t properly trained, they weren’t given clear expectations, the poor performance was due to a disability the manager was aware of, and an accommodation was needed, a supervisor instructed them to commit the policy violation, they acted in defense of others – the list goes on and on. In each one of these instances, the employer was ready to terminate based on incomplete facts or for erroneous reasons.
When you talk to employees as issues arise, you will find many problems can quickly be corrected through coaching, clearer expectations, or documented corrective action. Other times, you may confirm that termination is warranted, and you now have a stronger foundation if your decision is later challenged in court.
Avoiding conflict may feel more comfortable in the moment, but it is not leadership. Effective management requires the willingness to have direct, professional, and sometimes uncomfortable conversations. This is what it means to be a manager, an employer.
After all, your organization once thought enough of the employee to give them a job and invest time and money in training them. And don’t forget your employee is a human being who relies on their job to pay their bills and feed their family. You owe it to yourself, your organization, and the employee to talk with them about the situation before terminating employment.
Lastly – don’t fret. We’re here to support you! We will walk you through these difficult conversations, help you with the right words to use (and avoid), give you the necessary documents to provide the employee, and review the termination so you feel confident you have made a reasoned decision and mitigated your risk of getting served a lawsuit.
Check out our recent HR Minute on this topic:
HR Minute #76 - Difficult Conversations - July 2026