Sorry to go off topic, but Aggie Biker is 100% correct. It is people listening to all the things that could possibly happen, no matter how remote, that creates paralysis when it comes to getting rid of people who need to be fired. Larger companies who listen to lawyers are all but crippled in their ability to make these decisions. Full disclosure. . . I am a lawyer who defends companies in civil litigation. My view of the world is damn the torpedoes. . . you've got to do what you need to do to run your business. If that creates a lawsuit, well so be it. But you cannot afford to keep people on the payroll who are not doing their job properly. Otherwise, you company will succumb to an inevitable slide into mediocrity.
In reality, if you are conducting your business and handling employee issues properly, the cost of dealing with an occasional claim/suit is nowhere near what it costs you to leave lots of mediocre people on your payroll.
I have a friend who ran an entire hemisphere for a large corporation. Very early in my career, he made a comment about how they always referred to their legal department as the "sales prevention department." That made an impression on me and I have always tried to be the lawyer who identified potential risks but kept them in perspective when advising a client on a course of action. Since that comment, I've always tried to be the lawyer who helps the client do what needs to be done, not the lawyer who tells them all the reasons why they should not take action.