--- name: termination-review description: > Termination review — high-risk flag detection, severance + release, and final pay timing by jurisdiction. Jurisdiction-specific rules and release consideration periods are researched per review, not stored. Use when the user says "reviewing a termination", "can we fire this person", "term review", or describes a termination scenario. argument-hint: "[describe the termination, or attach documentation]" --- # /termination-review 1. Load `~/.claude/plugins/config/claude-for-legal/employment-legal/CLAUDE.md` → termination review triggers, high-risk flags, severance practice, jurisdiction rules. 2. Use the workflow below. 3. Walk the checklist. Check every high-risk flag. 4. Final pay timing per employee's jurisdiction. Severance + release if applicable. 5. If any high-risk flag fires: escalate per table, don't proceed without sign-off. --- ## Matter context **Matter context.** Check `## Matter workspaces` in the practice-level CLAUDE.md. If `Enabled` is `✗` (the default for in-house users), skip the rest of this paragraph — skills use practice-level context and the matter machinery is invisible. If enabled and there is no active matter, ask: "Which matter is this for? Run `/employment-legal:matter-workspace switch ` or say `practice-level`." Load the active matter's `matter.md` for matter-specific context and overrides. Write outputs to the matter folder at `~/.claude/plugins/config/claude-for-legal/employment-legal/matters//`. Never read another matter's files unless `Cross-matter context` is `on`. --- ## Purpose Most terminations are fine. A few are lawsuits waiting to happen. This skill runs the checklist that catches the second kind before the decision is final. The skill does not state the law — every jurisdiction-specific rule and release-period requirement is researched and cited at the time of review. ## Load context `~/.claude/plugins/config/claude-for-legal/employment-legal/CLAUDE.md` → termination review triggers, high-risk flags, standard severance, jurisdiction table. ## Output header Prepend the work-product header from `~/.claude/plugins/config/claude-for-legal/employment-legal/CLAUDE.md` → `## Outputs` (it differs by user role — see `## Who's using this`). Match the memo format from seed term memos referenced in that config where one exists. The work-product header is always first. ## Workflow ### Step 1: The basic facts - Employee name (or role if staying abstract) - Jurisdiction (where they work) - Reason for termination (performance, misconduct, RIF, position elimination) - How long employed - Age (relevant to release requirements for older-worker protections) - Whether any other employees are being terminated as part of the same decisional unit or program (relevant to group-termination release rules) - When is the planned term date ### Step 2: High-risk flag scan This is the most important step. Check every flag from `~/.claude/plugins/config/claude-for-legal/employment-legal/CLAUDE.md`. Default set: | Flag | Why it's high-risk | Check | |---|---|---| | **Recent complaint** | Retaliation claim | Has this employee filed any complaint (HR, ethics hotline, regulatory) recently? | | **Protected leave** | Leave-law interference/retaliation | Currently on or recently returned from protected leave (FMLA/state equivalents, disability, parental, military)? | | **Protected class + timing** | Discrimination claim | Protected class AND recently disclosed/visible (pregnancy announcement, religious accommodation request, disability disclosure)? | | **Whistleblower** | Federal and state whistleblower statutes | Has this employee raised concerns about illegality, safety, fraud? | | **Thin documentation** | "Why now?" problem | For performance terms: is there a PIP, written warnings, documented feedback? Or did this come out of nowhere? | | **Comparator problem** | Disparate treatment | Is someone else doing the same thing and not being terminated? | | **Contract/handbook promise** | Breach | Does the offer letter, handbook, or any writing promise a process that isn't being followed? | | **Exempt misclassification** | FLSA + state wage claim with liquidated damages | See the classification check below. Fires on state + classification + title. | **Exempt/non-exempt classification flag.** Fire this flag when ALL of the following are true: 1. The employee works in a state with a high exempt salary threshold — **CA, NY, WA, CO, AK** (and any other state listed in `~/.claude/plugins/config/claude-for-legal/employment-legal/CLAUDE.md` → `## Wage & hour` → Known classification risk areas as a high-threshold state) — **AND** 2. The employee is classified **exempt** (salaried, no overtime) — **AND** 3. The employee's title contains **"supervisor," "lead," "coordinator," "analyst," "administrator,"** or **"specialist"** (case-insensitive, and any equivalent-scope title the practice profile flags as risky). When all three fire, emit: > 🔴 **Potential exempt misclassification** — [title] earning $[X] in > [state]. The exempt salary threshold in [state] is approximately $[Y] > `[model knowledge — verify]`. Before termination, route to > `/employment-legal:wage-hour-qa` for a classification check — a misclassified > employee who's terminated has a ready-made FLSA and state-wage claim with > liquidated damages, attorneys' fees, and (in CA) PAGA exposure, which > the separation agreement may not be able to release cleanly. A terminated > plaintiff with unpaid-OT exposure is the most litigated wage-and-hour > fact pattern in these states. Do not suppress this flag because the title "looks managerial" — the whole premise of the misclassification claim is that titles lie. Route to `/employment-legal:wage-hour-qa` for the actual duties-and-salary test. **If a back-pay number is being computed as part of this review (severance modeling, settlement posture, exposure estimate), do NOT compute it in this skill.** Route to `wage-hour-qa` → Step 2a and use its regular-rate scaffold: §207(e) inclusions (non-discretionary bonuses, commissions, shift diffs) in the regular rate, 0.5× premium when straight time was already paid for OT hours (else 1.5×), liquidated damages under §216(b), and 2-year / 3-year willful SOL under §255(a). Every back-pay number carries `[verify — consult wage-and-hour counsel before asserting or paying]`. A clean-looking wrong number here is the specific failure mode this scaffold prevents. **Any flag fires → escalate per `~/.claude/plugins/config/claude-for-legal/employment-legal/CLAUDE.md` before the term proceeds.** Not after. Before. ### Step 3: Jurisdiction-specific requirements > **Research the applicable rules for the employee's jurisdiction before > finalizing the plan.** Specifically: > > - Final-pay timing — this varies widely by state and often depends on > whether the employee was terminated or resigned. Research the currently > operative rule, including any waiting-time or late-pay penalties. > - Accrued-PTO payout — research whether the jurisdiction requires payout, > and any interaction with accrual-cap or use-it-or-lose-it policies. > - Required notices — research any jurisdiction-specific notices required at > termination (e.g., state unemployment, continuation-coverage notices > beyond federal COBRA, benefits continuation). > - Mass-layoff / plant-closing notices — research federal WARN Act and any > state "mini-WARN" or local ordinance that may apply if this is part of a > larger reduction. Coverage thresholds and notice periods differ. > > Cite primary sources. Verify currency. > > **No silent supplement.** If a research query to the configured legal research tool returns few or no results for the jurisdiction's final-pay, PTO, notice, or WARN rule, report what was found and stop. Do NOT fill the gap from web search or model knowledge without asking. Say: "The search returned [N] results from [tool]. Coverage appears thin for [jurisdiction / rule]. Options: (1) broaden the search query, (2) try a different research tool, (3) search the web — results will be tagged `[web search — verify]` and should be checked against a primary source before relying, or (4) stop here and flag for attorney verification. Which would you like?" A lawyer decides whether to accept lower-confidence sources. > > **Source attribution.** Tag every citation in the plan — final-pay rule, PTO rule, notices, WARN / mini-WARN, OWBPA consideration periods, state release restrictions — with where it came from: `[Westlaw]`, `[CourtListener]`, or the MCP tool name for citations retrieved from a legal research connector; `[web search — verify]` for web-search citations; `[model knowledge — verify]` for citations recalled from training data; `[user provided]` for citations the user supplied. Citations tagged `verify` carry higher fabrication risk and should be checked first. Never strip or collapse the tags. ### Step 4: Severance and release Per `~/.claude/plugins/config/claude-for-legal/employment-legal/CLAUDE.md` → standard severance: - Is severance being offered? Per formula or discretionary? - Release required? (Usually yes if paying severance — that's the consideration.) > **Research the applicable release-consideration rules.** If the employee is > 40 or over, federal law (OWBPA) imposes specific requirements that affect > the consideration period, revocation period, required advisements, and — > for group terminations — required decisional-unit disclosures. The specific > consideration period differs between an individual termination, a group > RIF, and a group exit incentive; the rule also depends on the employee's > age and the number of employees affected. Do not state the day count from > memory — research the currently operative rule for the specific situation > and cite primary sources. Also research any state-law analogs or parallel > release requirements. Verify currency. Separately, consider whether any of the following apply to the release: - State-specific waiver restrictions (some states limit what can be released or require specific language). - Federal or state restrictions on non-disclosure or non-disparagement clauses that relate to sexual harassment, discrimination, or other protected categories. - Separation-agreement rules on NLRA-protected activity. ### Step 5: Documentation check For performance terminations especially: - Is there a paper trail? Written warnings, PIP, feedback docs? - Does the paper trail tell a consistent story? - Is there anything in writing that contradicts the reason (recent positive review, bonus, promotion)? The "why now" question: if this person has been underperforming for a year, what changed? The answer should be documented. ## Output > **Research-connector pre-flight.** Before emitting the memo, check whether a legal research connector is reachable for this session — Westlaw, CourtListener, or any firm-configured research MCP. Collect this into the reviewer note per CLAUDE.md `## Outputs`: if no connector returns results in Step 3 (or none is configured at run time), record it in the **Sources:** line of the reviewer note — e.g., `not connected — cites from training knowledge; the highest-fabrication topics in termination-law memos are final-pay timing, OWBPA group/individual distinctions, state-specific NDA / non-disparagement rules (e.g., CA SB 331), and NLRB positions (e.g., McLaren Macomb) — spot-check those first`. Per-citation `[model knowledge — verify]` tags remain inline. Do not emit a standalone banner above the memo. > **Jurisdiction assumption.** This review assumes the employee's jurisdiction as stated in Step 1 and any defaults from `~/.claude/plugins/config/claude-for-legal/employment-legal/CLAUDE.md` → Jurisdictional footprint. Employment rules, final-pay timing, release requirements, and notice obligations vary materially by jurisdiction. If the employee works in a different state or country, or if choice-of-law is contested, this analysis may not apply as written. Match the memo format from seed term memos referenced in `~/.claude/plugins/config/claude-for-legal/employment-legal/CLAUDE.md`. If none: ```markdown [WORK-PRODUCT HEADER — per plugin config ## Outputs — differs by role; see `## Who's using this`] ## Termination Review: [Role/Name] — [Date] **Jurisdiction:** [State] **Reason:** [Performance / Misconduct / RIF / Elimination] **Planned date:** [Date] --- ### Bottom line [Can you proceed / Need to fix X first / Stop — one-sentence why] --- ### High-risk flags [Every flag from Step 2. ✅ Clear or 🔴 FLAG with detail.] **Escalation:** [None needed | Escalate to [name] before proceeding — [which flag]] --- ### Jurisdiction requirements ([State]) - Final pay: [researched rule and cite; state whether PTO is included per the researched rule and any team policy] - Required notices: [list, each researched and cited] - Mass-layoff notice (if applicable): [researched rule and cite] --- ### Severance and release - Severance: [amount per formula / none] - Release: [required / not — if required, research and apply the consideration-period, revocation-period, advisement, and (for groups) decisional-unit-disclosure requirements that govern this specific situation; cite primary sources and verify currency] - [Any state-law release rules or non-disclosure/non-disparagement restrictions that apply] --- ### Documentation [Assessment of paper trail. Gaps flagged.] --- ### Go / No-go [Clear to proceed | Proceed with changes below | Hold — escalation pending] ### Checklist for term day - [ ] Final paycheck ready, correct amount, delivered per researched rule - [ ] Continuation-coverage notices (COBRA / state analogs) prepared - [ ] [State] unemployment notice prepared - [ ] Severance agreement (if applicable) with the consideration period required for this specific situation - [ ] Return of property / access cutoff coordinated - [ ] [etc.] ``` ## Consequential-action gate (terminate an employee) **Before producing a "Go" recommendation or a term-day checklist marked ready:** Read `## Who's using this` in `~/.claude/plugins/config/claude-for-legal/employment-legal/CLAUDE.md`. If the Role is **Non-lawyer**: > Terminating an employee has legal consequences — wrongful-termination, discrimination, retaliation, and wage-law claims all trace back to how this decision is structured. Have you reviewed this termination with an attorney? If yes, proceed. If no, here's a brief to bring to them: > > - Employee, jurisdiction, reason, planned date > - Every high-risk flag the review surfaced (recent complaint, protected leave, protected class + timing, whistleblower, thin documentation, comparator, contract/handbook promise) — with detail > - Jurisdiction-specific findings (final pay, PTO, required notices, mass-layoff rules) and where they were cited from > - Severance/release analysis, including any OWBPA/older-worker-protection angles > - Open questions and what's unresolved > - What could go wrong (the claim theory this fact pattern supports) > - What to ask the attorney (is this a clean term; do we need more documentation first; does the release need specific language; do we need to stagger decisional units) > > If you need to find an attorney, solicitor, barrister, or other authorised legal professional: contact your professional regulator (state bar in the US, SRA/Bar Standards Board in England & Wales, Law Society in Scotland/NI/Ireland/Canada/Australia, or your jurisdiction's equivalent) for a referral service. Employment is one of the practice areas where a short consult before the termination meeting consistently outvalues a post-termination claim defense. Do not produce a "Clear to proceed" output past this gate without an explicit yes. A marked-DRAFT flagged for attorney review is fine. --- ## Close with the next-steps decision tree End with the next-steps decision tree per CLAUDE.md `## Outputs`. Customize the options to what this skill just produced — the five default branches (draft the X, escalate, get more facts, watch and wait, something else) are a starting point, not a lock-in. The tree is the output; the lawyer picks. ## What this skill does not do - Make the termination decision. It checks the decision. - Have the conversation. The manager does that. - State release or jurisdiction rules from memory — every rule is researched and cited at the time of review. - Guarantee no lawsuit. It reduces the risk by catching the obvious problems. --- Attribution added by YourAIKit. It is not part of the upstream file. - Source: https://github.com/anthropics/claude-for-legal/tree/main/employment-legal/skills/termination-review - Credit: Anthropic, Claude for Legal (employment-legal) - Upstream copy: anthropics/claude-for-legal at commit 4a6c651889c97cc9140580363c73e0eb17379c2b, employment-legal/skills/termination-review/SKILL.md - Copyright: held by the upstream authors credited above - License: Apache-2.0. Full text: https://youraikit.com/licenses/anthropics-claude-for-legal-root/LICENSE - The full upstream license text (LICENSE) follows. License (LICENSE): ```text Apache License Version 2.0, January 2004 http://www.apache.org/licenses/ TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION 1. Definitions. "License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document. "Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License. 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