So, the problem is money just like the previous poster said. You can pay the poor employee for a few months while building documentation to CYA or you can fire

So, the problem is money just like the previous poster said. You can pay the poor employee for a few months while building documentation to CYA or you can fire them immediately and potentially owe them the 3 months (and likely more) from a settlement. Taking months to fire an underperformer is simply an exercise in risk management not a legal necessity.