After you have given her 3 warnings for her bad attitude, you can fire her. Even though at-will employment in California is a simple idea, it is often misunderstood by both employers and workforce. In this case, it's important for you to follow the proper processes in the company. And you can use a worker dismissal form even when you are not separating a worker. It's true an employee should know what the standard is before separation. First, the risk is medium when the jobholder is probably to sue, but you have good evidence showing a legitimate layoff. And you must deal with it consistently, fairly, and quickly since worker misbehavior can damage the small business.

If you lay them off due to a business restructuring, they will leave on better terms than if you layoff them for violating company policy. Since you documented everything, it will be hard for them to turn around and say they were sacked for no reason. First, the employee wants to take lawsuit but you have a good chance a lawyer won't take his case or the jury will rule in your favor. First, the employee can vent any anger he or she has in a safe setting. Another consideration would be the customers or clients the terminated worker may have dealt with. Another good rule of conduct for Human resources managers or small business owners to keep in mind is that it mostly is not a good idea to dismiss employees while they are off work sick or injured. (You should also give this reminder if you're giving a final written notice as well.) However in the low-risk case, it's unlikely that an employee will sue or a legal defender will take her case. Before writing this notification, you must gather as much documented substantiation as you can to support your case.