>Neither of those things is relevant to the point I was making. The legal costs often incurred by firing someone (and they are very real) makes it more difficult to fire them.
Here's why that's relevant. Because you're trying to reduce the amount of frivolous lawsuits from firing employees, you decide to be more hiring averse. You interview more people and turn many people down than you otherwise would have.
Each additional person you interview but turn down, exposes you to the possibility of a frivolous lawsuit. If you turn down 50 extra people, you've now opened yourself up to 50 extra frivolous lawsuits.
Hell each additional person who you accept a resume from could result in a frivolous lawsuit.
>The fact that it isn't unique to the firing process doesn't change the fact that it often makes it more difficult to fire someone (again, even if the case goes nowhere the employer often has to deal with it anyway - costing both time and money).
You keep using the term often. Wrongful termination lawsuits aren't common. Lawyers know they are very hard to win without a clear evidence of wrongdoing by the employer, and lawyers generally don't want to file frivolous lawsuits that they know will be almost immediately dismissed.
Lawyers who are willing to file lawsuits that they know they can't win definitely don't do so on contingency, and most people who've just been fired don't have thousands of dollars lying around to pay a lawyer to file a frivolous lawsuit.
Don't fire someone on FMLA, don't fire someone in retaliation for whistleblowing, don't fire someone because they're in a protected class etc... and the chances of being sued are very small.
Firing someone in the US is incredibly easy compared to most of the rest of the developed world. Stop being so risk averse. If you don't do anything stupid, The chance of a lawsuit is very small, the chance of a lawsuit that makes it past an initial hearing is smaller, and the chance of losing is smaller still. The amount of extra time you spend on interviews, the additional risk exposure from interviewing additional candidates, and the lost opportunity from additional false negatives is going to far outweigh any potential risk.