Episode Summary: In this eye-opening episode, employment attorney Stephen Teller explains how performance management programs like Amazon’s Focus and Pivot are often used not to help employees improve—but to quietly push them out. Teller breaks down the legal nuances between being fired for performance versus laid off, how Amazon’s "unregretted attrition" metrics work behind the scenes, and the potential legal violations that can occur when coaching programs are used after protected activities like medical leave or discrimination complaints.
Key Timestamps:
00:00 – Introduction to the episode and Amazon’s performance management culture 00:01 – The difference between layoffs vs. terminations for performance 00:03 – Why unemployment benefits are often still available in performance firings 00:04 – How Amazon uses "unregretted attrition" to create stealth layoffs 00:05 – The real purpose of documentation: legal protection against lawsuits 00:06 – Washington’s at-will employment and its legal limitations 00:07 – The structure of Amazon’s Focus and Pivot programs 00:09 – How Amazon offers money to employees to resign early 00:10 – What happens during the Pivot appeal process 00:11 – Why these programs are designed to minimize legal exposure, not support improvement 00:12 – The shift in purpose: retention vs. risk mitigation 00:13 – Legal red flags when performance plans follow complaints or leave requests 00:14 – Why talking to an attorney early is critical 00:15 – How timing of firings affects stock vesting and severance 00:17 – Final thoughts and preview of Part 2
About the Show:False Claims, Real Consequences explores the hidden mechanisms behind workplace retaliation, whistleblower suppression, and employment law violations. Hosted by veteran employment attorney Stephen Teller, the podcast delivers real insights for professionals navigating high-stakes legal scenarios in the workplace.
Visit stellarlaw.com to schedule a confidential consultation or to learn more about your rights in the workplace.
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