Generally these sort of discussions are not focused on the laws about firing - but more about the risk of valid or invalid accusations of violating EEOC enforced laws[1].
The risk in most places is that firing is often subjective, and folks rightly worry that the firing is done on subjective means, especially if the person is a 'protected class' which is generally loosely interpreted as anyone other than a white male under 40.
There are rules and laws that govern firings, especially with large layoffs at large companies - but the 'fear' you hear in Silicon Valley and other places is the fear of a lawsuit about the firing more so than breaking a law per se.
Yea, I dislike anti-discrimination laws too for that reason. They probably worked well for manual labor and the like. Don't forget "performance reviews" and "PIPs" too.
We do quarterly performance reviews. We give and get candid feedback.
I've never put someone on a PIP with the intention of firing them. I've never fired someone that was reasonably surprised.
When I put someone on a PIP it's because they choose not to listen to what needs to be done, and I desperately hope that a super formal message will get it across.
This reminds me that the laws for firing vary by state. I think California is one of the strictest in this area, right?
Actually, quite the opposite -- California is an "at-will" state.
From the website of an attorney who deals with employment issues in California [0]:
In the state of California, an employment relationship with no specified duration is considered to be employment “at-will.” This means that under California at-will employment laws both California employers and employees can terminate an employment relationship at any time, for any reason.
From another California law firm dealing with these issues [1]:
If you are an at-will employee, you can be fired or demoted on a whim, without warning, with no due process, for no reason at all, or even for a false reason.
There is some nuance though (back to the first site [0]):
However, while your employer may not need a “good” reason to fire you, there are exceptions to the at-will rule, including employment contracts that say an employee can only be fired “for cause,” or union agreements that lay out circumstances in which you can be fired. Because of these exceptions and others, California employees should always examine employment contracts, employee handbooks, and policies closely to find out what their employee rights actually entail under their contractual agreements.
The second site [1] goes into some detail:
California workers are loaded with rights. There are a million wrongful termination attorneys in California; they must be doing something. Because while you can be fired for no reason or even a made-up reason, the law also states that you cannot be discriminated against or fired or have any negative job action taken against you for a reason that violates public policy.
A long list of things that are illegal to use for firing, e.g. race, religion, gender, pregnancy, etc. follows and then the page continues:
These are the grounds for a discrimination claim, but there are many more public policy violations that would make a termination wrongful. For example, an employee can't be fired for serving on jury duty, or voting, or for trying to form a union, or for taking a leave under the Family Medical Leave Act (FMLA), or for filing a workers compensation claim. The list goes on and on. (In that regard, be glad you live in California. In some states, there is no public policy exception to the at-will rule.)
So, TL;DR:
California is an at-will state, meaning you can be fired at the drop of a hat, but there are certain protections you get automatically and certain things one may be able to do to protect oneself (e.g. getting an employment contract that specifies one can only be fired "for cause").
The risk in most places is that firing is often subjective, and folks rightly worry that the firing is done on subjective means, especially if the person is a 'protected class' which is generally loosely interpreted as anyone other than a white male under 40.
There are rules and laws that govern firings, especially with large layoffs at large companies - but the 'fear' you hear in Silicon Valley and other places is the fear of a lawsuit about the firing more so than breaking a law per se.
[1] https://www.eeoc.gov/laws/statutes/