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this post was submitted on 13 Jan 2024
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We can be confident that zero sales is not meeting any metric whatsoever. Of course her quota period and goals were all left out of this but salespeople don’t work without them. And the quota is never zero.
The salesperson was never informed that making sales was part of the job? Come on. I think you’re trying a little too hard. No, they don’t have a contract stipulating she just make a sale in the first month, nor did they have a contract saying her employment was guaranteed through her ramp. It’s clear she had the opportunity to make sales. She says she got close with 3 but they all fell through. They’re dicks for calling this bad performance but sadly she has no leg to stand on either.
Okay, but the point stands: if she was failing to meet whatever standards they say she was, why could they not provide those metrics during this meeting? If they can't point to a contract, numbers, or previous feedback (official warnings, record of egregiously poor behavior, PIP, etc.) that indicates she was failing to perform her job duties, they have no grounds to fire her. If it was just her being fired then yeah, this would still be incredibly shitty behavior but, unfortunately, likely still legal under at-will employment laws. However, depending on how many firings "happen" to be occurring at the same time, CloudFlare could definitely have a WARN act violation on their hands. The WARN act specifically calls out this kind of thing:
https://uscode.house.gov/view.xhtml?path=/prelim@title29/chapter23&edition=prelim