Dear Legal Writer: Is “terminate” a synonym for “fire”? Yes and No.

Dear Legal Writer: I once had a BigLaw partner wave an imaginary assault rifle and simulate a scene from “The Terminator” when imparting feedback on my writing:

“Who are you, the Terminator?” she asked.

The partner was very senior, and she was also rather rotund, wearing a floral house dress & ballet flats at the time—all of which made her act quite amusing. It was certainly unforgettable.

Her stunt’s purpose was to show disdain for one of my sentences,

“The company terminated the plaintiff.”

Instead, she urged, I must write,

“The company terminated the plaintiff’s employment.”

I was a wee junior associate at the time, so I blindly obeyed, but I was seeing lawyers and judges use the word “terminate” as a synonym for “fire” all the time, so I felt perplexed.

1: “The company fired the plaintiff.” ✅

2: “The company terminated the plaintiff.” ⁉️

Is the second sentence wrong?

Back to the partner.

She got quite animated when explaining to me why—yes, absolutely—the second sentence was dead wrong.

✏️ “To terminate” means “to bring to an end,” she explained.

And as attorneys for a company defending an unlawful employment termination case, we absolutely did not want to suggest anything of the sort.

***

Well, she was right, and she made her mark on me. I’ve never written “terminated the plaintiff” (or anyone) ever again, and I can’t imagine that I ever will.

But I still see others do it all the time.

🗳️ Is this type of “error” even an “error” anymore, and is it worth editing out of legal writing?

I still think so, but also welcome your views.

What’s your practice with the word “terminate”?

Fondly,
💌 Amanda

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