"Giving them a choice seems unfair, but how is it worse than just being fired?" Sure but the point is the reason and the circumstance matters because of either

"Giving them a choice seems unfair, but how is it worse than just being fired?" Sure but the point is the reason and the circumstance matters because of either the way laws are written or how the reason is perceived in the court of public opinion. For example you can fire someone for any reason as long as the reason that you state isn't prohibited (woman, minority you get the point) or objectionable in the eyes of the public. In other words there is a difference in "fired because business has gone down" and "fired because your kid is sick and we need someone who isn't distracted" (by public opinion not law).