She did really good! Almost drove it home, she was so close… As a former manager in HR, here are my two cents. Note that I’m from canada, might not apply as I have it in mind in the US. If they’re trying to frame a layoff as a firing for cause and poor performance, her first way of handling it is excellent. Ask pointed specific questions on what about your performance was lacking and more importantly can you demonstrate to me that I’ve been communicated clear quantifiable and Timely objectives that I’ve been communicated means and ways to be coached and trained to meet those objectives and that I’ve been communicated milestones of me not meeting objectives, with proper corrective measures and coaching to then change course before a firing for poor performance.

If you can’t communicate any of these to me, the objectives, my performance against his objectives, the milestones, and the coaching I received to meet objectives when I did not, then this is not a poor performance related firing. If you’re missing any of these information then I am not yet terminated and I am at your employment until a subsequent meeting where you can come back with that information. On the other hand if what you meant to say is that this is a layoff because you have hired too many people, and that this letting Go has nothing to do with my performance, okay no problem, let’s talk, but in this case it will be with X months of severance and a glowing recommendation letter.

Lastly I want to make you aware that I’ve recorded this conversation, in which it’s now clearly documented that you have no clear tangible indication of any notion of documented poor performance about me, and thus I am still at the employed of my employer until you either provide those, or provide me with coaching that I then fail to put into practice to meet objectives, or until you come back with the severance package for a layoff that has nothing to do with my performance.

Something along those lines…