What should I do before firing someone?

Is it documented, with dates?

The first question is the one that decides most disputes. Is the problem written down, with dates? Not a general feeling that someone is underperforming. A record: what happened, when it happened, what was said about it, and what happened next.

Documentation does not need to be fancy. A dated note after each conversation is enough. What matters is that the record exists before the termination meeting, not after it. A file created the day someone is fired reads like a justification, because that is what it is.

If the answer is that the problem was handled verbally and never written down, you have a gap. Write down what you remember now, with honest dates, and accept that the record is thinner than it should be. Then fix the habit going forward.

Have similar cases been handled the same way?

The second question is about consistency. Have you handled similar cases the same way? If another employee did the same thing and got a warning, firing this one looks selective. If the situations differ, write down how they differ and why the outcome is different.

Consistency is where most terminations fall apart. The facts of the performance problem are usually real. The problem is that the employer cannot show it treated like cases alike. Before the meeting, pull the comparable cases and compare them honestly. If the comparison is uncomfortable, that is information. Act on it before the meeting, not after.

Did the employee recently complain, take leave, or ask for an accommodation?

The third question is about timing. Did the employee recently complain, take leave, or ask for an accommodation? A complaint about pay, safety, or treatment. A medical leave. A request for an accommodation. Any of these close to a termination creates a timing problem, even when the termination has nothing to do with them.

Timing does not make a termination illegal by itself. It makes it look retaliatory, and looking retaliatory is expensive to defend. If the timing is close, slow down. Document the legitimate reason separately and clearly. Talk to someone senior in HR before you proceed. This is the question most likely to turn a routine termination into a claim.

Do you know your state final-pay rules?

The fourth question is practical, and it is the one most often missed. What are your state final-pay rules? Final-pay deadlines differ by state. Some states require pay on the day of termination. Others allow a few days. A few tie the deadline to the next regular payday. There is no single national rule, so do not guess.

Get the final paycheck right, including unused vacation or PTO if your state requires it, and have it ready when the meeting happens. A correct final paycheck is the cheapest insurance in the whole process. A late one is an easy claim that has nothing to do with whether the termination was fair.

Who will be in the room, and what will be said?

The fifth question is about the meeting itself. Who will be in the room, and what will be said? Plan it. One person delivers the decision. One person witnesses. Keep it short, factual, and respectful. State the decision, the effective date, and the next steps: final pay, benefits, return of property.

Do not debate the decision in the meeting. Do not list every grievance from the last two years. Do not say anything you would not want read back in a hearing. The meeting is the last impression the employee takes with them. Make it a professional one.

What if an answer is not sure?

Any answer of "not sure" means the same thing: slow down for a day and talk to someone senior in HR. That is not weakness. It is the difference between a clean termination and a dispute that eats your calendar for a year.

HR guidance, not legal advice.

What to do next

The common termination questions are answered in the FAQ below. If terminations keep landing on your desk without a process behind them, that is what a retainer is for. Book a discovery call, and bring your questions.