Human Resource Blog

Write ups in the state of California

In the state of California what is the process of a write up? is it a verbal (coach) or verbal written , then actual write up then fired?

Does a verbal have to stil be in writing as a “verbal Written”?

It is more difficult to fire an employee, and have it stick, in Calfornia than in any other state. California law does not specify the disciplinary process that an employer must follow. However, in most cases an employer needs multiple written warnings to justify firing an employee for cause.

It is always wise for an employer in any state to create a written record of coaching or verbal warnings, to prove that they took place. In addition, the best practice is for employees to be given one or more written reprimands for the same behavior, before being terminated. This type of terminate is least likely to result in unemployment benefits, and least likely to be overturned during a wrongful termination suit.

However,  written warnings are not always necessary, even in California. Some actions by employees are so egregious that they merit immediate termination. These would include stealing, violence or threats against another employee, bringing weapons to work, fraud, falsifying company documents. etc.