Employer Do's & Don'ts: Preventing Wage-Hour Claims in California Through Attendance & Performance Management

Attendance issues are one of the most common reasons California employers discipline or terminate employees, and also one of the easiest ways to accidentally create legal risk. Problems often start small: frequent call-outs, late arrivals, incomplete work, or inconsistent performance.

The good news is that most attendance and performance problems can be handled safely with clear policies, consistent documentation, and manager training.Preventing wage-hour claims California employers face starts with these fundamentals.

Preventing Wage-Hour Claims in California: Quick Summary

Attendance and performance issues can quickly become legal risk in California if employers respond inconsistently or fail to document decisions. This topic affects most California employers, especially small businesses and teams without formal HR. The key takeaway: use clear written policies, apply them consistently, and document every step to reduce risk.

Who Should Know About Preventing Wage-Hour Claims in California

This guidance applies to most California employers, including small businesses, startups, and organizations without a dedicated HR department. It is especially relevant for employers managing hourly teams, hybrid/remote employees, or fast-growing teams where managers handle discipline informally.

Attendance and performance rules can vary depending on factors like:

• Exempt vs. non-exempt classification

• Job duties and scheduling expectations

• Union contracts (if applicable)

• Leave rights and accommodations

• Local rules (some cities and counties may have stricter requirements)

The safest approach is to use consistent processes and assume that exceptions may apply in certain situations.

Why Preventing Wage-Hour Claims California Matters for Performance Management

Attendance and performance decisions often feel routine, but in California, they can trigger serious compliance issues if handled incorrectly.

Common consequences include:

• Employee complaints and formal claims

• Increased risk of retaliation or discrimination allegations

• Wage-hour disputes tied to call-outs or scheduling changes

• Government audits or administrative investigations

• Higher HR workload and legal expenses

• Lower morale, resentment, and workplace conflict

• Increased turnover and disruption to operations

Even when an employer is “right,” lack of documentation can make it difficult to prove decisions were fair and lawful.

An HR professional reviewing employee documentation and performance records to support consistent, compliant decision-making.

Compliance Checklist (What HR Can Implement This Week)

Here are practical steps California employers can implement immediately to reduce attendance and performance risk:

• Review your attendance and call-out policy for clarity (who to notify, when, and how)

• Confirm timekeeping procedures for late arrivals, early departures, and missed punches

• Train managers to respond consistently to call-outs (same script, same expectations)

• Require employees to report absences through a defined channel (phone, email, HR system)

• Document every attendance issue using a standardized form or HR log

• Create a process for verifying patterns (Mondays/Fridays, repeated last-minute call-outs)

• Audit whether discipline decisions are being applied consistently across teams

• Establish a performance documentation process before discipline escalates

• Ensure performance coaching is tied to specific job expectations (not vague opinions)

• Confirm who “owns” the documentation process (HR vs. manager)

• Store all records securely in one centralized location (HR folder, HRIS, or secure drive)

• Review progressive discipline steps and when managers should involve HR

Documentation Tip: Keep attendance and performance documentation in a secure HR file—not in scattered emails or personal manager notes. One centralized system reduces confusion and helps maintain consistency.

Manager Note: Quick Do’s and Don’ts

Managers are often the biggest risk point—not because they intend harm, but because they may react emotionally or inconsistently.

Do

• Document call-outs and performance concerns the same day

• Use consistent language (“policy-based,” not personal)

• Escalate patterns early instead of waiting until frustration builds

  
  

Don’t

• Say things like “If you call out again, you’re fired” in the moment

• Discipline an employee without checking if leave/accommodation may apply

• Ignore repeated issues for months and then suddenly terminate without a record

  
  

Even casual comments can later be interpreted as retaliation or bias.

3 Common Mistakes (and How to Fix Them)

These are three patterns we see repeatedly in California attendance and performance disputes.

1. Mistake: Inconsistent Attendance Enforcement

This happens when one manager writes employees up immediately while another ignores the same behavior for months.

Fix: Standardize attendance tracking and discipline triggers. Use a consistent process across departments, even if managers have different personalities.

2. Mistake: Poor Documentation (or No Documentation)

Employers often rely on verbal coaching with no written record. Then when termination happens, the file looks empty.

Fix: Document coaching conversations, call-out patterns, and performance issues in real time. Even brief notes help establish consistency.

Documentation Tip: Record the date, issue, employee response, and next step. Store it in one HR-owned location.

3. Mistake: Disciplining Right After a Complaint or Leave Request

Even if the employee truly has attendance or performance problems, the timing can create the appearance of retaliation.

Fix: Pause and review the full timeline. Confirm documentation existed before the complaint, apply consistent discipline, and involve HR for higher-risk decisions.

FAQs

1. Can we require employees to call out in advance?

Yes. Most employers can require reasonable notice and a clear call-out process, as long as exceptions are handled appropriately.

2. Can we discipline employees for calling out too often?

Often yes, but employers should ensure absences are not protected under leave or accommodation rules. Consistency and documentation are key.

3. Do we have to accept doctor’s notes for absences?

In many situations, employers may request documentation, but policies should be applied consistently and handled carefully. Some medical-related situations may involve privacy considerations.

4. Can we terminate an employee for poor performance without a PIP?

Sometimes yes, but a PIP or documented coaching is often a best practice — especially if the employee may claim unfair treatment. Terminations are safer when there is a clear record.

5. What records should we keep for attendance and discipline issues?

Employers should keep attendance logs, call-out notes, coaching documentation, written warnings, and performance improvement plans in a secure system that HR controls. Retention rules vary, but keeping organized records is a strong risk-reduction practice.

Sample Policy / Template Language

Starting point only: customize for your workplace.

Attendance and Call-Out Policy (Sample)

Employees are expected to report to work on time and maintain regular attendance. If an employee is unable to report to work as scheduled, they must notify their supervisor using the company’s designated call-out method as soon as possible.

Employees must provide required information regarding the absence, including expected return date when known. Failure to follow the call-out procedure, including repeated late notice or no-call/no-show, may result in corrective action.

Attendance concerns will be addressed through coaching and progressive discipline when appropriate. Certain absences may be protected under applicable leave laws, and the company will comply with all legal requirements.

Upcoming Webinar: Employer Do’s & Don’ts for Attendance and Performance Management

If you’d like a deeper breakdown of how to manage attendance, call-outs, and performance issues in California without creating legal risk, join our upcoming webinar:

This session will cover:

• Attendance policies that actually work in California workplaces

• How to handle excessive absenteeism and repeated call-outs consistently

• Performance improvement plans (PIPs): what to include and what to avoid

• Manager behaviors that commonly trigger retaliation complaints

• Documentation best practices to protect your business

• Real-life workplace scenarios and practical examples

Register now to reduce HR risk and give your managers clear guardrails for handling attendance and performance issues confidently.

Key Takeaways

Managing attendance, performance, and call-outs is one of the most common challenges for California employers—and also one of the easiest areas to create unnecessary legal exposure.

Key takeaways:

• Clear attendance policies reduce confusion and workplace conflict

• Documentation should be consistent and centralized

• Managers should be trained to avoid emotional or inconsistent discipline

• PIPs work best when they are specific, realistic, and supportive

• Discipline timing matters—especially after complaints or leave requests

If your attendance or performance process hasn’t been reviewed recently, now is a great time to audit your policy, train managers, and standardize documentation practices. These small steps can significantly reduce risk and improve workplace accountability.

Disclaimer

This blog provides general information and is not legal advice.