The Perfect Termination Doesn’t Exist – But a Professional Termination Process Does
Terminations are among the most challenging situations in everyday HR work.
They do not only involve legal considerations but also people, relationships, and team dynamics. For the person affected, a termination often represents a significant turning point. For managers, it is usually an uncomfortable decision. And for HR, it is a situation where legal certainty, professional communication, and human empathy all come together.
At this year’s HR BarCamp in Berlin, an intensive discussion emerged around exactly this topic: Is there such a thing as the perfect termination?
The short answer is probably: no.
The longer answer is more interesting.
Because even if terminations are rarely “perfect,” they can still be handled clearly, professionally, and respectfully. And that often determines how an organization is perceived in difficult situations.
Why Terminations Are an Underestimated HR Topic
Many HR discussions focus on recruiting, culture, leadership, or transformation. Terminations, in comparison, often appear to be purely operational.
In practice, however, the opposite is often true.
Termination situations often reveal how professionally an organization actually operates. Several dimensions intersect at once:
- employment law requirements
- leadership responsibility
- HR process quality
- company culture
A termination can be legally correct – and still poorly handled.
Or it can be structured, transparent, and respectful, demonstrating that the organization acts professionally even in difficult situations.
Does the Perfect Termination Exist?
The term sounds contradictory at first. After all, terminations are among the most uncomfortable moments in professional life for everyone involved. They affect livelihoods, careers, and often personal relationships within teams.
And yet they are part of organizational reality.
Not every collaboration works in the long term.
Not every role remains the right fit over time.
And not every organization can support every development path.
The real question therefore is not whether terminations happen.
The crucial question is: How professionally do organizations handle them?
From an HR perspective, terminations can usually be divided into three key phases:
- Preparation
- Execution
- Follow-up
In each of these phases, a lot can be done right – or a lot can go wrong.
Preparation: The Most Important Work Happens Long Before the Conversation
Many managers think of the termination meeting itself first. HR knows that the most important work happens much earlier.
Even during the preparation phase, several perspectives come together:
- People & Culture – fair treatment of employees
- Employment law – legal certainty
- Process management – clear and structured procedures
Legal Review
Before even thinking about a conversation, several legal questions must be clarified.
These may include:
- Does employment protection legislation apply?
- What is the legal basis for the termination (personal reasons, conduct-related reasons, or operational reasons)?
- Is there special protection against termination (for example pregnancy, parental leave, disability, or works council membership)?
- Have required warnings been issued?
- Are notice periods and contractual provisions correctly applied?
This is where the close collaboration between HR and leadership becomes especially important.
Documentation and Evidence
A termination should never be based on intuition alone.
It requires a clear and well-documented factual basis, for example:
- which conversations have already taken place
- which expectations were communicated
- which development measures were offered
- how performance or behavioral issues were documented
The stronger this foundation is, the more stable the decision will be – both legally and organizationally.
Clarifying Roles Within the Organization
Terminations are rarely a purely HR matter.
Depending on the situation, several roles may be involved:
- the manager – responsible for the decision and the conversation
- HR – ensuring legal compliance and structuring the process
- senior leadership – in sensitive cases
- employee representatives or works councils – where applicable
Clear responsibilities help prevent uncertainty and misunderstandings.
The Setting of a Termination: When, Where, and How
Beyond legal preparation, one aspect is often underestimated: the setting of the termination conversation.
When will the conversation take place?
Where will it happen?
How will the termination letter be delivered?
These questions may seem organizational, but they significantly influence how respectful and professional the situation feels.
Choosing the Right Time
Termination conversations are often held at the beginning of the workday.
There are practical reasons for this:
- HR and leadership are available for follow-up questions
- organizational matters can be clarified immediately
- next steps such as garden leave or handovers can be discussed
Conversations held late in the day or before a weekend can leave employees alone with unanswered questions.
Choosing the Right Environment
The conversation should always take place in a private and discreet environment.
Ideally:
- a neutral meeting room
- no public traffic or interruptions
- enough time to have the conversation without pressure
Terminations in open office spaces or unprepared video calls can quickly feel disrespectful, even if the process itself is legally correct.
The Formal Delivery of the Termination
In Germany, there is a clear legal principle: A termination is only valid if it is issued in written form (§ 623 German Civil Code).
This means:
- termination via email is not valid
- termination via Slack or Teams is not valid
- termination via SMS is also not valid
Digital signature systems such as DocuSign, Adobe Sign, or similar e-signature tools currently do not fulfill this legal requirement either. For a termination to be legally valid, it must still be delivered as a physically signed original document.
In practice, there are usually two options:
- personal delivery during the meeting
- written delivery (for example via messenger or registered mail)
Even though termination is formally a written document, it remains a deeply personal moment for the individual receiving it. Whenever possible, a conversation should therefore take place.
Execution: The Termination Conversation
The termination meeting is usually the most emotional part of the process. It brings together a business decision and a very personal situation for the employee involved.
From an HR perspective, it is considered best practice that such a conversation is not conducted by a single person alone. Typically, both the manager and an HR representative participate.
This has several advantages:
- HR can support with legal or procedural questions
- the manager remains clearly positioned as the decision-maker
- the situation can be guided in a structured and professional way
Especially in difficult conversations, having a second person present can help ensure that the discussion remains calm, clear, and respectful.
Clarity Instead of Extensive Explanations
People usually sense very quickly what the conversation is about. Therefore, communication should be clear, respectful, and direct.
For example:
“We have decided to end the employment relationship.”
At the same time, it is important not to engage in overly detailed discussions during the termination meeting. From an employment law perspective, providing extensive explanations or entering into long argumentative debates can create risks.
Many questions are better addressed in a separate follow-up meeting, for example regarding handovers, organizational steps, or further details.
The termination meeting itself primarily serves to:
- clearly communicate the decision
- deliver the termination notice
- explain the immediate next steps
Allowing Space for Emotions
Reactions to terminations can vary widely: surprise, anger, disappointment, or sometimes even relief.
It is important to allow space for these reactions and remain respectful.
At the same time, there may be situations where emotions become very intense or the conversation can no longer continue constructively. In such cases, it may be appropriate to pause the conversation and continue it at a later time.
However, one point remains important: the termination letter should still be handed over, so that the termination is legally considered delivered. Additional discussions can then take place in a separate meeting.
Follow-Up: The Often Overlooked Phase
Many organizations focus primarily on the termination meeting itself.
However, the actual impact often occurs afterward.
For the Employee
Follow-up steps may include:
- clarifying remaining vacation and potential garden leave
- preparing employment certificates and documentation
- organizing handovers and returning company equipment
Offering the opportunity for an additional conversation can also help address open questions.
For the Team
A termination always affects the wider team.
Colleagues may ask questions such as:
- What happened?
- What will happen next?
- Who will take over responsibilities?
Providing a short and clear explanation can reduce uncertainty and strengthen trust in leadership and HR.
For HR and Leadership
After a termination, it can be helpful to reflect internally:
- Did we respond early enough?
- Were expectations communicated clearly?
- Did our processes work effectively?
These reflections can help improve how similar situations are handled in the future.
A Perspective from the HR BarCamp Berlin
The inspiration for this article came from a session at the HR BarCamp Berlin, which our Director HR Services, Sonja Wehner, attended.
The BarCamp format deliberately differs from traditional conferences. Instead of prepared presentations, sessions emerge spontaneously from questions raised by the community.
Around 200 HR practitioners, recruiters, consultants, and researchers come together to discuss the topics that truly concern them – from compensation systems to AI use cases and challenging leadership questions.
The session on the “perfect termination” was particularly popular. Perhaps because terminations are rarely discussed openly, even though they play a significant role in everyday HR work.
That is exactly why these conversations matter. They show that HR is not only about processes but also about responsibility, professional judgment, and how organizations handle difficult situations.
Conclusion
The perfect termination probably does not exist.
But there are terminations that are well prepared, clearly communicated, and handled with professionalism and respect.
And that is often where the true quality of HR work becomes visible.
Organizations that structure their termination processes carefully, create transparency, and actively manage what happens after the conversation not only reduce risks – they also strengthen trust within their teams.
Because in difficult moments, it becomes visible what an organization truly stands for.
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