[sverige]

That depends on the jury (and therefore the jurisdiction) actually. There have been several times when I made this argument in favor of removing some employee who was actively working to destroy a team and was made to jump through lots of hoops by corporate lawyers fearful of lawsuits.

[cortesoft]

Well, they would have to convince a jury that they were actually fired for one of the protected reasons. Often times lawyers will want you to document the reasons you are firing someone so that you can use them as a defense against a lawsuit claiming you fired them for a protected reason.

[sverige]

Right, but that process gives the lie to "at will" employment.

[phamilton]

"I've never seen a trial I couldn't lose" - An attorney friend of mine.