Firing someone is the founder skill that nobody learns until they have to do it. Most founders delay too long, wing the conversation, and come out of it with a damaged team and lingering legal risk. The cost of doing it badly compounds across every future hire.
Decide cleanly first
Before you have the conversation, get crystal clear on three things:
- Why. Performance, behavior, role mismatch, or financial necessity. Mixing reasons creates confusion. Pick the dominant one.
- Reversibility. Would you take them back at full performance? If yes, a PIP might be appropriate. If no, skip the PIP — it's just delay.
- Severance. Decide the package before the conversation. Negotiating during is brutal for both sides.
Talk to a lawyer first
Even if you think the case is clean, a 30-minute call with an employment lawyer before terminating saves real money. Specifically:
- Confirm at-will status and any state-specific requirements.
- Review the proposed severance.
- Confirm the separation agreement template (always require a signed release for severance).
- Verify any non-disparagement, IP-assignment, and confidentiality clauses are reinforced.
- Address protected-class concerns if applicable (illness, pregnancy, recent FMLA, complaints filed).
The conversation
15-20 minutes, not longer. Three sections:
- The decision (60 seconds). "I have difficult news. We've decided to end your employment with us, effective today." Don't soften with small talk. The shorter, the more humane.
- The reason (60 seconds). One clean sentence. Don't relitigate examples; you've decided. "Your performance hasn't met the bar despite the conversations we've had over the past three months."
- The transition (10-15 minutes). Severance, COBRA, last day, equipment return, communication plan, references. Hand them a written summary so they don't have to remember details while in shock.
Have HR (or another co-founder) in the room as a witness and to handle logistics. Two people prevents miscommunication later.
What to say, what to avoid
- Say: "This decision is final. I want to focus the rest of our time on making this transition smooth for you."
- Don't say: "I'm sorry" — implies fault to be made up. Show care without apologizing.
- Don't say: "Maybe in the future…" — creates ambiguity that hurts both sides.
- Don't say: "The team felt…" — never blame others. The decision is yours.
- Don't argue. If they push back, repeat: "The decision is final. I want to focus on making this transition smooth."
Severance — be generous
Generous severance solves three problems:
- Ensures clean separation (no lawsuits, no glassdoor wars).
- Signals to the rest of the team that you treat people well.
- Lets the departing employee land on their feet.
Typical floor: 2 weeks base for sub-1-year tenure, 1 month per year of service for longer tenure, capped at 3-6 months. Add 30-60 days of health-insurance continuation. Always require a signed release for severance.
Tell the team the same day
After the conversation, tell the rest of the team the same day. If you wait, people find out from the empty desk and start speculating.
The internal message:
- The fact. "X is no longer with the company. Their last day was today."
- Brief acknowledgment. "We're grateful for their contributions and wish them well in what's next."
- Practical handoff. Who's covering their work, who to ping for what, and a clear calendar of any team-impacting changes.
- Open the door. "If you have questions, my door is open. I won't share details that aren't mine to share, but I'm happy to talk."
Don't disparage the departing person — even if their performance was bad. The team will draw their own conclusions; your job is to be the adult in the room.
What the rest of the team needs
After a firing, the team is anxious. They're wondering: am I next? was that fair? what's actually going on? The fix:
- 1:1s with everyone within 5 days. Listen more than you talk. Affirm their standing if true. If you have concerns, surface them honestly — surprise firings destroy trust.
- Reset expectations. Use the moment to clarify what good performance looks like. Often the team has been carrying a weak performer; clarifying standards helps them.
- Don't over-communicate. A second all-hands about the firing makes things worse. Move on.
Common firing mistakes
- Waiting too long. Most teams know who isn't performing well before the founder does. Delay tells them you can't be trusted to act.
- Arguing the decision. Once you've decided, the conversation isn't a debate. Keep it short and respectful.
- Skipping the lawyer. $300 of legal time prevents $30K of legal exposure.
- Stingy severance. Saving 4 weeks of pay creates legal risk and team-morale damage that costs much more.
- Ghosting the team. Silence after a firing breeds fear and rumor. Tell them the same day.
Pair this guide with our first 10 employees guide — most firings can be prevented with better hiring up front.
