Q: Can I fire an employee without any documentation?

A: While all states except Montana recognize “at-will” employment—meaning you can terminate an employee for any reason that is not illegal—it’s rarely wise to do so without proper documentation. Firing someone without records of performance issues, policy violations, or disciplinary actions can put your business at risk for wrongful termination claims, unemployment disputes, or even discrimination allegations.

Documentation serves as your evidence that the termination was for legitimate, non-discriminatory reasons. Without it, it can become your word against the employee’s, which is risky.

If you find yourself needing to terminate someone urgently but lack a clear paper trail, here are some steps to take:

1. Ensure the reason is lawful—Confirm the termination is not connected to any protected characteristic or activity (e.g., discrimination, retaliation, medical leave).
2. Consult HR or legal counsel—They can help assess your risk and guide your communication strategy.
3. Be factual and brief—In the termination meeting, avoid unnecessary detail or emotion.
4. Start documenting now—Summarize the issues leading to the decision, including dates and examples, even if it’s after the fact.

Bottom line: At-will employment gives you legal room to act, but documentation gives you protection. The more you can show a fair and consistent process, the better your defense will be if your decision is challenged.