What Employers Get Wrong About Terminations (Even When They’re Justified)

Let’s say the quiet part out loud.

Most terminations are justified. Performance issues. Attendance problems. Policy violations. Culture problems...

But here’s the issue we see constantly:

A justified termination can still create a legal problem.

Not because the decision was wrong, but because of how it was handled.

Where Employers Go Wrong (Even With Good Intentions)

1. “We Didn’t Document It Because We Didn’t Want to Escalate”

This one is incredibly common.

Employers avoid documenting because:

• They want to be “nice”

• They don’t want to make things awkward

• They hope the issue will fix itself

• They don’t want to create a paper trail

Unfortunately, when termination happens, what you actually have is:

• Months of verbal conversations

• No written warnings

• No performance records

• No proof the employee was aware

Why this matters:

In a complaint, claim, or lawsuit, undocumented issues might as well not exist.

2. Documentation Gaps Right Before Termination

Sometimes documentation does exist, just not where it counts.

We see:

• One write-up right before termination

• Performance reviews that suddenly turn negative

• Documentation created after the decision was already made

• Notes that don’t match what managers actually said

Why this matters: It can look retaliatory or pre-planned, even when it wasn’t.

Consistency over time matters more than last-minute paperwork.

3. Policies Were Applied… Just Not to Everyone

This is a big one.

Employers say:

“But they violated policy.”

And our next question is:

“Do you enforce that policy the same way for everyone?”

Common examples:

• One employee is terminated for attendance

• Another gets endless exceptions

• One manager enforces the policy strictly

• Another “lets things slide”

Why this matters: Inconsistent enforcement = discrimination risk.

Even if discrimination wasn’t intended, appearance and fairness matters.

4. “We’ve Always Done It This Way”

Past practice is not a defense.

We hear:

• “We’ve terminated others the same way”

• “No one complained before”

• “This is how we’ve always handled it”

Laws change. Expectations change. Employees are more informed than ever.

What worked five years ago can get you in trouble today.

5. The Termination Conversation Goes Off Script

Even with solid reasoning, the meeting itself can cause problems.

Common mistakes:

• Oversharing details

• Comparing employees

• Expressing frustration

• Making emotional statements

• Promising things you can’t guarantee

One sentence said the wrong way can undo everything you did right.

Our Take (From the HR Desk)

Terminations don’t usually go wrong because the decision was bad.

They go wrong because:

• Documentation didn’t exist

• Policies weren’t enforced consistently

• Managers weren’t trained

• HR wasn’t involved early enough

And most of this could have been fixed before termination was even on the table.

🐾How AlphaDog HR Helps

We help employers:

• Build documentation before it’s urgent

• Coach managers on tough conversations

• Apply policies consistently

• Reduce risk around terminations

• Handle exits cleanly and professionally

If you’re thinking:

“We know we’re going to have to let them go…”

That’s the moment to call HR, not after.

Because justified doesn’t automatically mean protected