[lolinder]

> Ok, but what do you do when the reason is something somewhat objective like "performance" because you didn't meet your deadlines or something. Can you claim discrimination then?

Usually if that's the reason the company will go to great pains to document it and fire you properly, for cause. This is where PIPs (performance improvement plans) come in—they document the specific areas where performance is lacking, set specific targets for improvement, show that those targets were not met in the time allotted, and then fire you.

If a company doesn't do that then yeah, they're leaving themselves open to a discrimination suit. It doesn't usually happen because lawsuits are expensive and unemployed people tend to not have the resources to fight back, but larger companies will usually take pains to be sure they're covered.