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this post was submitted on 16 Jun 2024
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They can fire you even in the protected parts as well. Because at will places DON'T HAVE TO STATE THE REASON YOU WERE FIRED. I know plenty of people including myself who was fired even though I was supposed to be protected. But since they never stated reason for firing you then good luck proving it. At will you can fired for looking funny or manger just feels like it.
I live in shit hole states that are at will there is zero protections for employees in these states.
I live in an at will employment state and have been a manager for quite some time. I’ve never seen an employee actually terminated for their protected status race, religion, etc. It’s always been because they had poor performance and/or attendance issues and didn’t want to get better. If you aren’t a solid average then it’s develop up or out. This isn’t my POV, this is the reality of the performance conversations I’ve been involved with. Personal accountability is a major problem these days. If you have none then you won’t have a job for long. The good news is that if you’re solid in those areas then you will be valuable to your employer. This is why so many military applicants get picked up. They have a basis for attendance and completing the mission.
Having said that, I’m sure you’re correct and discrimination does happen because their employer lied. I just think that it doesn’t happen quite as often as believed. Many poor performers I’ve known have outright lied about why they were actually terminated.
I don't think individual anecdotes are that useful here. For example, a dude I worked with reported his old boss was extremely racist and made all sorts of hiring decisions based on race and stereotypes. Is that common? You'd have to find or do some studies to find out.
That's not even touching implicit bias and friends. Perhaps when the white guy is late it's traffic, but when the black guy is late it's because he's irresponsible. That kind of thinking happens all the time, to all of us.
Pick one
I upvoted your comment for being insightful, not trying to dismiss what you're saying. I get where you're coming from, and I agree that what you're saying is likely true for most businesses, but there are other people who's reality of conversations they have been involved with resulted in being fired unfairly.