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Legally, a layoff is when the employee isn’t replaced. A termination is when they are replaced. A layoff based on performance is still a layoff.

• tacostakohashi 4y ago
  Well, no, if it's based on performance, it isn't a layoff. At least in theory.
  • kbelder 4y ago
    Whenever you cut staff for a layoff, you always base it on performance.
    • pyuser583 4y ago
      No. It’s often based simply on utility. When you hiring an external firm to do the same function. Many companies used to employ janitors. Now companies hire “janitors services” companies to clean.
• mickdeek86 4y ago
  The difference between a layoff and a termination is whether it's based on performance. Hence unemployment eligibility