> In the U.S. you generally can’t just up and fire someone, even if they are underperforming, even if it’s at-will employment, without risking a lawsuit and some sort of cash outlay. This is what makes hiring decisions so high-stakes.
I've been part of a few situations where someone had to be let go in the USA, and I can tell you it wasn't a trivial decision. There were legal aspects, sure, but there was also a personal aspect. As a boss said once "this is someone's life we're talking about here".
the article is wrong here
If they give a reason, it had better be a legal reason. “Because you’re Mexican” - not legal. “Because we don’t like you/you don’t fit in” - are you in any way different than management? Differently gendered? Differently skin toned? Different faith? Pregnant? Likely not legal.
They are not required to give a reason. You can be fired without reason.
There’s also mitigating circumstances. If the employee can show retaliation by the employer (say the employee participates in protected activities, like espousing unionization or questioning managerial decisions), they stand a chance of recovering damages from the company.
whether that's an excess of legal paranoia or not, that's how it seems to work
At least over the last 25 years in the tech spaces I've been part of, I rarely hear of people being dismissed/let go quickly. #anecdata
Because I see so many people who believe otherwise, here's a direct quote from a prior contract:
> I UNDERSTAND AND ACKNOWLEDGE THAT MY EMPLOYMENT WITH THE COMPANY IS FOR NO SPECIFIED TERM AND CONSTITUTES "AT-WILL" EMPLOYMENT. I ALSO UNDERSTAND THAT ANY REPRESENTATION TO THE CONTRARY IS UNAUTHORIZED AND NOT VALID UNLESS SIGNED BY THE PRESIDENT OR CEO OF THE COMPANY. ACCORDINGLY, I ACKNOWLEDGE THAT MY EMPLOYMENT RELATIONSHIP MAY BE TERMINATED AT ANY TIME, WITH OR WITHOUT GOOD CAUSE OR FOR ANY OR NO CAUSE, AT MY OPTION OR AT THE OPTION OF THE COMPANY WITH OR WITHOUT ME NOTICE. I FURTHER ACKNOWLEDGE THAT THE COMPANY MAY MODIFY JOB TITLES, SALARIES, AND BENEFITS FROM TIME TO TIME AS IT IS NECESSARY.
Every job I ever held but the unionized ones had some variation of that.