Actually there are 3 reasons rather than 2. Behavior was left out. So, it could be 1. Financial distress, 2. performance (which has to be really bad) and 3. behavior, and in all three cases it should be a "last resort" measure after attempts to remedy any of the three have been exhausted. How about some information on the results of suing the employer for the return of the job, which is the only thing the lawsuit is about. What happens when the judge rules that the termination was not justified and you are still an employee but the foreign company won't let you in the door with 15 years left until retirement age. What happens at that point? Inquiring minds want to know.