Termination in California: How to Recognize and Fight Back

April 11, 2025

Termination in California: Know Your Rights & Protect Yourself 

Good employees get fired all the time, often without warning. Many companies follow a structured approach when preparing to terminate an employee, typically using a three-step playbook. Understanding these steps can help you recognize the warning signs and take action before it's too late. 

Step 1: Micromanagement 
Your manager may begin scrutinizing your every move, closely monitoring your tasks, and excessively checking your work. This can be a tactic to manufacture performance issues by creating an environment where small mistakes are exaggerated and later used as justification for disciplinary action. 

Step 2: Documentation 
Once micromanagement begins, the next step is usually documentation. Your manager may start recording perceived performance issues, such as missing deadlines, lack of communication, or failure to meet expectations. This often includes: written warnings, negative performance reviews, or even a Performance Improvement Plan (PIP). While PIPs are often framed as a chance to improve, they are frequently used as a paper trail to justify termination. 

Step 3: The HR Ambush 
An HR ambush happens when you’re is suddenly called into a meeting with little to no notice, often under the pretense of discussing performance issues. These meetings are designed to catch employees off guard, making it difficult to prepare or respond effectively. 
During the meeting, HR may pressure you to resign by offering the possibility of rehire or presenting resignation as a "better option" than termination. However, resigning benefits the employer in several ways: 
  • It simplifies the termination process. 
  • It weakens the employee’s ability to pursue legal claims against the company. 
  • It reduces the likelihood of the employee qualifying for unemployment benefits. 

If the employee refuses to resign, termination may follow shortly after. 
An HR ambush happens when you’re is suddenly called into a meeting with little to no notice, often under the pretense of discussing performance issues. These meetings are designed to catch employees off guard, making it difficult to prepare or respond effectively. 

During the meeting, HR may pressure you to resign by offering the possibility of rehire or presenting resignation as a "better option" than termination. However, resigning benefits the employer in several ways: 
  • It simplifies the termination process. 
  • It weakens the employee’s ability to pursue legal claims against the company. 
  • It reduces the likelihood of the employee qualifying for unemployment benefits. 
  • If the employee refuses to resign, termination may follow shortly after. 
If you notice these warning signs at your workplace, it’s crucial to take proactive steps to protect yourself. Document all interactions with your manager and HR, keep copies of emails and performance reviews, and avoid signing any documents under pressure. Most importantly, consult an employment lawyer to understand your rights and explore your options regarding your termination in California. 

If you believe you are a victim of wrongful termination or feel pressured into resigning, contact Lawyers for Employee and Consumer Rights today for expert legal guidance and to fight for the compensation you deserve.

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