The Right to Fire on Performance

Firing Without Fear of Lawsuits

Just as employers want to be able to hire on ability, they also want to be able to fire on performance. Yet there exist myriad laws that alter the at-will nature of the employment relationship and affect an employer’s capacity to make firing decisions. Most notably, an employer cannot terminate an employee on account of their race, sex, religion, national origin, religion, age, or disability. Moreover, some states and localities impose additional restrictions, such as sexual orientation, gender identity, military status, and family status. Additionally, the common law of many states ...

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