Employee relations
Firing an Employee in California: What Should Be Documented First?
Before a difficult employee action, slow the process down just enough to check the facts and the record.
This is an HR process overview, not legal advice. High-risk facts—including protected leave, complaints, accommodations or possible retaliation—may require employment counsel.
Check the decision record
Confirm the reason is specific, supported by facts and consistent with how similar situations were handled.
Review the timeline
Look for recent complaints, leave requests, injury reports, accommodation discussions or other facts that could change the risk analysis.
Prepare the meeting and final steps
Identify who will attend, what will be said, what documents will be provided, how company property will be handled and who is responsible for final-pay timing.
- Document objective facts, not labels
- Check policy and prior coaching
- Resolve inconsistencies before the meeting
- Escalate legal questions to qualified counsel
