I agree entirely -- so long as the intent is entirely performance-based and not as an attempt to short-change the employee, the employer can be justified in par

I agree entirely -- so long as the intent is entirely performance-based and not as an attempt to short-change the employee, the employer can be justified in parting ways. However, this entire conundrum points to a flaw in the vesting structure. The one-year cliff might be better composed of a series of smaller monthly vesting events that begin slowly at 9 months, grow to a peak at 12 months and settle down to monthly vesting at month 15.