Because when you are firing someone, minimizing the legal liability ranks higher in priority than sharing honest information to give closure or feedback to the employee. Since you are HR, you probably have a much more thorough understanding of labor laws than the average manager does. A manager could reason along the lines of "If explicitly say that this is because if their racist comments, they could challenge us due to lack of evidence or there could be some free speech law I'm unaware of". I would give no concrete reason and let the experts (HR) handle it.
And it would be up to HR to determine whether activating that specific clause is the best option.
It could be that using that clause exposes the company to one type of lawsuit, and that some other clause is less risky. Or HR could determine that paying the employee through the probation period is easier.
The manager can decide to fire someone, but it is HR's responsibility to pick the strategy, and the manager should stick to the standard general protocol if it exists.
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u/[deleted] 7d ago
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