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I said "without risk of lawsuits", and that phrase is doing a lot of work. Also, you're looking at it only from the employee's side.

Multiple statements can be true at once:

An ordinary employee who is just doing their job and hoping to continue doing their job can be laid off for any number of reasons that are outside of their control. The most common of these is company financial performance, which is both completely invisible and completely uncontrollable for an ordinary employee. Behind the scenes, the decision-makers in these layoffs have very scrupulously designed them to ensure that the people deciding who is laid off have no knowledge of an employee's membership of anything that might be construed as a protected class. This is why they often look so illogical.

A manager who has a problem employee can have a terribly difficult time getting rid of that employee in a way that is legal. My boss had one such problem employee, who did literally zero work after being hired. When my manager had an experienced engineer pair program with him, he literally had to be told what to type, keystroke by keystroke, to get him to produce anything. When my boss called him on this, he produced a doctor's note saying he was depressed and went on disability. Short-term disability can last up to a year, and you cannot fire someone on disability without a paper trail that says "You fired someone on disability, you knew they were on disability, and that is a protected class." Now your lawyers have to argue in court that the fact they were on disability had no bearing on why they were fired.

A person who takes the law as a tool with which to screw others over will do a better job screwing people over than the employee who is just trying to do their job and incidentally wants to keep it, or the manager who is just trying to provide a supportive environment for their reports to do their best work. Because that's what they're paying attention to. If you've got a lawyer combing over case law and statutes to understand the fine points of what you can and cannot be fired for, you can act in ways that ensure that you will win a big payout if you are ever fired. These ways probably bear no resemblance to what our notions of a "good employee" or even a "decent human being" are. But they are effective at collecting a paycheck, potentially from multiple employers at once, and being able to collect a bigger paycheck if your employer tries to get rid of you.

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> I said "without risk of lawsuits", and that phrase is doing a lot of work.

It is like saying that it is hard to go swimming without risk of shark attack.

Mostly wrong until you share a bunch of cherry-picked scenarios to support your own beliefs.

“Well yes I knew a guy who liked to splash around in the ocean at sunset wearing his seal costume after ladling chum into the water all afternoon.”

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I've gone on disability, its insane the loops one has to jump through to get it, especially if you want the private disability insurance to kick in. It took months of paperwork and re-filing appeals. I'm in a state with a better safety net, but I had to work at my place for several years to qualify to earn what amounted to be around 45% of my salary while on short term disability.

Sadly people really do think that your story (which I'm sure is true) is more common.

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Those are all huge hoops for an individual that just wants to live their lives, and trivial for an organized crime operation with a lawyer and doctor on staff that can amortize the disability paperwork across multiple employees and potentially hundreds of jobs.
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Can one negotiate a different type of permanent contract? (e.g. with a France-like job security)
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In the US? Not generally. Typically you only get those for highly sought after people with lots of leverage, think c suite or someone you can send on a speaking circuit for your company
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