Re:Ask HN: Who Wants to Be Fired?
by sfkdjf9j3j on Thursday October 03, 2019 @05:50PM
(#21152616)
Every state is "at-will" except for Montana, which has some additional protections. There's no winnable lawsuit here unless you have a contract that's being breached.
That said, it is likely CA has it's own set of protections that make it harder to do.
Usually, it's the company's internal policies that require a PIP and all the documentation even in an "at will" state. This is to maintain the appearance of fairness and to avoid the possibility of employment litigation (companies of course often operate in many states and federal law is always a concern). If you document, you avoid all this. The firing though is usually a _fait accompli_; the PIP is CYA.