Unless I'm mistaken, isn't it illegal to base layoffs on individual performance? My understanding was that it can't legally be considered a layoff unless it meets pretty strict selection requirements at the group level (cutting orgs, cutting a "random" % of a role or org to reduce headcount, etc).
Again I am no expert here, this is just my understanding after being in the industry for a couple decades.
As far as I'm aware, there's a fine line between layoffs or reductions in force and firing for poor performance. Its legal to cut an entire division, or to cut some percentage of a division's head count and come up with some way of distributing it across the org. It is not legal to find your worst performers, fire them all at once, and call it a layoff.
Happy to be wrong here though, just trying to be clear with the line as I understand it. Someone coming by may know for sure.
Not sure why that would illegal? Your own performance isn’t protected in anyway as a class that you can’t control. I know Lyft 100% laid off people not hitting meets expectations in 2020 first