Re:How Adobe keeps key employees from quitting
by mturmon on Thursday June 25, 2015 @12:57PM
(#9779269)
I see where you're going, but the constraints don't work out that way.
In an at-will state like California, you can be laid off for any business reason, such as "the work in this area is closing up."
So, justifying a layoff (to the satisfaction of a court) is not a major constraint.
But if there is documentation stating that the employee's work is great, that future opportunities abound, etc., then that justification begins to look suspect.
On the other hand, in the absence of documentation, the at-will rules give great freedom to the employer.
In an at-will state like California, you can be laid off for any business reason, such as "the work in this area is closing up." So, justifying a layoff (to the satisfaction of a court) is not a major constraint.
But if there is documentation stating that the employee's work is great, that future opportunities abound, etc., then that justification begins to look suspect.
On the other hand, in the absence of documentation, the at-will rules give great freedom to the employer.