Can I terminate without written warnings
HR Consulting Feb 13 2026
Can I terminate without written warnings?

If termination worked like it does in the movies, a manager could just storm into a room, point dramatically, and say:
“You’re fired.”

Cue the music. Roll credits.

In real life? Termination is rarely that simple, and handling it impulsively can put your business at serious risk.

So let’s answer the real question employers ask HR all the time:

Can you terminate an employee without written warnings?

The Reality: Sometimes Yes, Often No

There are situations where an employee can be terminated without prior written warnings—but they are the exception, not the rule.

Immediate termination may be appropriate when there is serious misconduct, such as:

– Theft or fraud
– Workplace violence or threats
– Harassment or discrimination
– Major safety violations
– Falsifying records

In these cases, the severity of the behavior can justify skipping progressive discipline. That said, this does not mean skipping documentation. Investigations, evidence, and written records are still critical.

When Written Warnings Should Come First

For most performance or behavior-related issues, termination without warnings can be risky. Examples include:

– Poor performance
– Attendance issues
– Failure to meet expectations
– Minor policy violations

In these cases, best practice is progressive discipline, which often includes:

– Verbal coaching
– Written warnings
– Performance improvement plans (PIPs)

Skipping these steps can raise red flags and increase the likelihood of wrongful termination claims.

Why Documentation Is Your Best Protection

Written warnings aren’t just about “checking a box.” They help to:

– Show fairness and consistency
– Prove the employee was aware of expectations
– Demonstrate that the employer acted reasonably
– Protect the business in audits, disputes, or legal claims

If it’s not documented, it’s very difficult to prove it happened.

The Legal Reality: Policies Matter

Your company handbook and policies play a major role here.

If your policies promise progressive discipline, skipping steps—even for valid reasons can work against you. On the other hand, policies that include language like “discipline may vary depending on the severity of the situation” provide more flexibility.

This is why regularly reviewing and updating policies is so important.

Before You Terminate, Ask HR First.

Before making a termination decision without written warnings, ask:

– Is this consistent with how we’ve handled similar situations?
– Do our policies support this decision?
– Is there sufficient documentation or evidence?
– Could this decision be challenged?
– A quick HR review can prevent long-term consequences.

Final Takeaway

Yes, termination without written warnings can be appropriate—but only in specific circumstances. For most situations, documentation and progressive discipline are your strongest safeguards.

When in doubt, pause and consult HR. It’s always easier to do it right the first time than to fix it later.

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