HR vs. Legal During a Termination: What’s the Difference?

This week, I supported another client through their first employee termination.

They were nervous. Not because they didn’t know it was the right decision, but because they wanted to handle it the right way. With empathy. With professionalism. Without burning bridges.

That’s often where I come in.

When it comes to employee terminations, both HR and legal professionals play critical roles, but those roles are very different. And understanding that difference can make a world of difference in how a termination unfolds, how your team feels afterward, and how your company’s reputation holds up.

The Role of Legal

A lawyer focuses on the legal and compliance side of the process. They review employment contracts, ensure the termination aligns with employment standards, and draft airtight termination letters and releases.

Their role is to minimize legal exposure and ensure the organization is protected based on current legislation and case law.

Legal counsel brings clarity and structure to the process, helping employers make informed decisions about notice periods, severance, and risk. This work is essential, it keeps the foundation solid and prevents avoidable legal issues later on.

The Role of HR

An HR professional, on the other hand, focuses on the human side of termination.

HR ensures the process reflects your organization’s values and brand. We look at the verbiage, the tone, and delivery of communication. We help leaders manage their emotions, and make sure the experience is handled with professionalism and empathy.

We also plan the logistics. Who will be in the room, when and how the message will be delivered, what happens afterward, and how to support the remaining team.

Handled thoughtfully, a termination can be done in a way that protects both dignity and brand reputation. HR is there to ensure that no email or message sounds emotional, that conversations are consistent and respectful, and that both sides leave the process feeling respected, and maybe even empowered (yes, it can be done), even if it’s a difficult day.

What My Clients Often Say

For many of my clients, these are the first difficult conversations they’ve had to lead.

They often tell me afterward how relieved they were to have someone beside them who could guide the process step by step — from preparing what to say, to drafting communication to the team, to ensuring every detail is covered.

They want to get it right. They care about their people. And that care, when paired with a structured and respectful HR process, makes all the difference.

Why It Matters

Terminations don’t have to damage your reputation. In fact, when handled well, they can reinforce what kind of leader — and what kind of organization — you truly are.

Employees remember how they were treated on their worst day, not just their best ones.
And teams take cues from how those moments are handled.

A thoughtful HR approach protects more than just compliance — it protects your culture, your credibility, and your humanity.

A Final Thought

If you’re facing a difficult people decision and want to ensure it’s handled with care, confidence, and respect, I’d be happy to chat.

Sometimes, having the right support at the table can make all the difference — not just for the outcome, but for how you feel about it afterward.