code-red

## Configuration Read `.jobops/config.json`. If missing, stop with: > JOBOPS NOT CONFIGURED > Run /jobops:setup to initialize your workspace. Use `config.directories.<key>` for all file paths in this skill. Use `config.preferences.cultural_profile` if this skill generates resume-style content. Use `config.preferences.default_jurisdiction` if this skill has jurisdiction-sensitive logic (crisis/legal skills accept `--jurisdiction=<ISO-3166-2>` to override). ## Default Jurisdiction: Ontario, Canada This command defaults to **Ontario, Canada** employment law framework. Key principles: - **No At-Will Employment**: Unlike US states, Canadian employees cannot be terminated without cause or reasonable notice (common law or statutory) - **Notice Periods**: Employees entitled to common law reasonable notice (often 1 month per year of service, up to 24 months) OR Employment Standards Act (ESA) minimums - **Just Cause**: Employers must prove serious misconduct for termination without notice - a very high bar - **Human Rights**: Ontario Human Rights Code protects against discrimination (broader protections than US federal law) - **Constructive Dismissal**: Significant changes to job duties, compensation, or working conditions may constitute wrongful dismissal **For US users**: Specify `--jurisdiction=US` or mention your state. US employment is generally at-will with different statutory frameworks (Title VII, ADEA, ADA). ## Important Disclaimers **CRITICAL**: Read these disclaimers ALOUD to the user at session start: 1. **Not Legal Advice**: This guidance is strategic, not legal. For legally complex situations (discrimination claims, wrongful termination, harassment), recommend consultation with an employment attorney. 2. **No Outcome Guarantees**: Employment situations are unpredictable. Strategies improve positioning but cannot guarantee results. 3. **Confidentiality Reminder**: Be cautious about what you share. This conversation may be discoverable in legal proceedings. 4. **Documentation**: Save all workplace communications. BCC personal email where appropriate. ## Modes of Operation Parse the mode from arguments: - `--mode=assess` (default): Full intake, interview, and situation analysis - `--mode=respond`: Draft response to specific HR communication - `--mode=plan`: Create action plan for upcoming meeting or deadline - `--mode=exit`: Focus on exit strategy and job transition If no mode specified, default to `assess` (full process). ## Input Documents **Argument Handling**: - If `$1` is provided: Load specified file or folder - If `$1` not provided: Ask user what documents they have available **Accepted Document Types**: - HR communications (emails, letters, written warnings) - Performance Improvement Plans (PIPs) - Performance reviews - Employment contracts, offer letters - Employee handbook excerpts - Meeting notes or transcripts - Incident reports or complaints - Job description (current role) **Load Career Context**: - Check for `{config.directories.resume_source}/` for career history context - If career context would help, read `{config.directories.resume_source}/Identity/CurrentRole.md` and the most-recent `WorkHistory/NN_*.md` file. Do NOT attempt to load `candidate_profile.json` — that artifact is removed in v2.2.0. If source files are missing entirely (emergency mode, no folder), proceed with user-supplied facts only. ## Phase 1: Intake & Document Analysis ### 1.1 Load and Catalog Documents @$1 Read all provided documents. Create an inventory: ``` DOCUMENT INVENTORY ================== | # | Document Type | Date | From | Key Content | |---|---------------|------|------|-------------| | 1 | [Type] | [Date] | [Sender] | [Summary] | ``` ### 1.2 Extract Timeline of Events From documents, construct chronological timeline: ``` EVENT TIMELINE ============== [Date] - [Event] - [Source document] [Date] - [Event] - [Source document] ... ``` Identify: - **Triggering Event**: What started this situation? - **Escalation Points**: When did things get worse? - **Current Status**: Where are we now? - **Upcoming Deadlines**: What's time-sensitive? ### 1.3 Identify Key Players ``` KEY PLAYERS =========== | Name | Role | Relationship | Stance | Notes | |------|------|--------------|--------|-------| | [Name] | Manager/HR/Witness | [Context] | Ally/Neutral/Adversary | [Observations] | ``` ### 1.4 Flag Legally Significant Language Scan documents for: - **Termination Indicators**: "Final warning", "failure to improve", "separation" - **Protected Class References**: Any mention of age, gender, race, disability, pregnancy, religion - **Retaliation Patterns**: Timing relative to complaints, protected activities - **Policy Violations**: Company policy violations by either party - **Inconsistent Treatment**: Evidence of different treatment vs. peers - **Promises or Commitments**: Verbal or written commitments not honored ## Phase 2: Structured Candidate Interview **CRITICAL**: This interview must be conducted before analysis. Use the AskUserQuestion tool or conversational questions to gather this information. ### 2.1 Situation Assessment Questions Ask the user: 1. **"Walk me through what happened from your perspective. Start from when you first noticed something was wrong."** 2. **"What do you believe is the root cause of this situation?"** - Performance issue (real or perceived)? - Personality conflict? - Organizational change (new manager, restructuring)? - Retaliation for something? - Discrimination concern? - Other? 3. **"Were there any changes before this started?"** - New manager? - Reorganization? - Your complaint about something? - Requested accommodation? - Return from leave? ### 2.2 Relationship Context Questions 4. **"Describe your relationship with your manager BEFORE this started."** - How long working together? - Previous performance feedback? - Any prior conflicts? 5. **"Who else is involved or aware of this situation?"** - HR contacts? - Skip-level manager? - Colleagues who witnessed events? - Union representative? 6. **"Are there witnesses who would support your account?"** - Colleagues? - Former employees? - Written documentation from others? ### 2.3 Protected Class Screening (Handle Sensitively) **Frame carefully**: "These questions help identify if there may be legal protections relevant to your situation." 7. **"Have you observed any patterns in how you're treated compared to colleagues in similar roles?"** - Different expectations? - Harsher criticism? - Excluded from opportunities? 8. **"Any recent life events that may be relevant?"** - Medical condition or disability? - Pregnancy or family leave? - Age-related comments? - Religious accommodation requests? - Reported harassment or misconduct? **If protected class indicators emerge**: Note for legal consultation recommendation. ### 2.4 Documentation Gap Assessment 9. **"What important conversations happened that AREN'T in writing?"** - Verbal warnings? - Promises made? - Explanations given? - Threats or pressure? 10. **"Do you have any personal documentation?"** - Emails (including sent items)? - Text messages? - Personal notes with dates? - Calendar entries? - Witnesses who would corroborate? ### 2.5 Desired Outcome Questions 11. **"In an ideal world, what outcome would you consider a success?"** - Stay and rehabilitate relationship? - Transfer to different team/role? - Leave with favorable package? - Fight termination legally? - Just survive until next job lined up? 12. **"How committed are you to staying at this company?"** - Very committed - career investment - Open to leaving with right terms - Already checked out, just managing the exit - Want to fight on principle 13. **"What's your financial runway if income stops?"** - Months of expenses covered? - Severance expectations? - Other income sources? - Unemployment eligibility? ### 2.6 Timeline Pressures 14. **"What deadlines are you facing?"** - PIP end date? - Response due date? - Upcoming meetings? - Benefits or vesting cliffs? 15. **"Do you have any upcoming scheduled meetings?"** - HR meetings? - Manager check-ins? - PIP reviews? - Investigation interviews? ## Phase 3: Situation Analysis ### 3.1 Power Dynamics Assessment After completing the interview, analyze: ``` POWER DYNAMICS ANALYSIS ======================= YOUR LEVERAGE: - [ ] Documented strong performance history - [ ] Protected class status with pattern evidence - [ ] Witnesses who support your account - [ ] Evidence of policy violations by employer - [ ] Unique knowledge/relationships hard to replace - [ ] Pending vesting, bonus, or benefits - [ ] Retaliation timeline (complaint → adverse action) - [ ] Inconsistent treatment vs. peers (documented) EMPLOYER'S LEVERAGE: - [ ] Documented performance concerns (with dates/specifics) - [ ] Strong "just cause" documentation (Ontario: high bar to meet) - [ ] Prior warnings in your file - [ ] Legitimate business reasons for concerns - [ ] Clear policy violations on your part - [ ] Other employees corroborating their view - [ ] Enforceable employment contract limiting notice entitlements DOCUMENTATION STRENGTH: - Your documentation: [Strong/Medium/Weak] - Their documentation: [Strong/Medium/Weak] - Gap assessment: [Who has better paper trail?] ``` ### 3.2 Pattern Recognition Analyze for common scenarios: **Standard PIP-to-Termination Playbook**: - PIP with impossible/subjective goals - Weekly check-ins documenting "failures" - 30-90 day timeline - Predetermined outcome **Signs of Pretextual Termination**: - Sudden negative feedback after years of good reviews - Goals changed or made more difficult - Excluded from projects/meetings - Micromanagement of previously autonomous employee - Timing correlates with protected activity **Legitimate Performance Issues**: - Consistent feedback over time - Specific, measurable concerns - Reasonable opportunity to improve - Support resources offered ### 3.3 Risk Assessment Matrix Create risk assessment: ``` RISK ASSESSMENT MATRIX ====================== | Factor | Level | Evidence | Notes | |--------|-------|----------|-------| | Termination likelihood | 🔴 High / 🟡 Medium / 🟢 Low | [specific indicators] | | | Legal claim viability | 🔴 High / 🟡 Medium / 🟢 Low | [specific factors] | | | Negotiation leverage | 🔴 High / 🟡 Medium / 🟢 Low | [specific points] | | | Reference damage risk | 🔴 High / 🟡 Medium / 🟢 Low | [specific concerns] | | | Timeline pressure | 🔴 Urgent / 🟡 Moderate / 🟢 Flexible | [deadlines] | | ``` ## Phase 4: Strategic Options Presentation Present 3-5 strategic paths with honest assessments: ### Option 1: Fight to Stay **Strategy**: Engage constructively with PIP/process, document everything, meet or exceed requirements **Required Actions**: - Create detailed tracking of all PIP requirements - Document every success and positive interaction - Request clarification of ambiguous goals IN WRITING - Build relationships with skip-level and allies - Consider requesting different reviewer/manager **Success Factors**: - PIP goals are achievable and measurable - Manager/HR acting in good faith - No predetermined outcome evidence - Strong historical performance to reference **Success Probability**: [Assess based on interview] **Risks**: - Months of stress with uncertain outcome - May be managing to a predetermined result - Reference may be damaged regardless - Time not spent on job search **What "Winning" Looks Like**: - Complete PIP successfully - Relationship reset (or transfer) - Career continues at company - But: May always have target on back ### Option 2: Negotiate Exit Package **Strategy**: Recognize writing on wall, shift focus to maximizing departure terms **Typical Package Components (Ontario)**: - Severance pay (common law: often 1 month per year of service, negotiable, can exceed ESA minimums) - Benefits continuation (extended health, dental, life insurance coverage) - Outplacement services - Reference letter (pre-negotiated language) - Record of Employment (ROE) coding for EI eligibility - Vesting acceleration for stock/options - Bonus proration - Non-disparagement (mutual) - Full and final release of claims **Leverage Points for Negotiation**: - Protected class concerns (even if not pursuing claim) - Documentation of inconsistent treatment - Knowledge of company issues - Pending projects/transition needs - Embarrassment avoidance - Legal costs they'd incur defending **Timing Considerations**: - Before PIP ends (more leverage) - Before formal termination - Before burning bridges - After documenting concerns in writing **What to Ask For (Ontario)** (realistic ranges): - Severance: ESA minimum PLUS common law top-up (total 1-24 months depending on tenure, age, position) - Neutral reference letter (specific language you approve) - Extended benefits continuation 3-12 months (health, dental, life insurance) - ROE coded as "dismissal without cause" (Block 16: Code M) for EI eligibility - "Position eliminated" or "mutual separation" language - Outplacement services ($2K-10K value) ### Option 3: Strategic Resignation **When This Makes Sense**: - No leverage for negotiated exit - Mental health priority - Job already lined up - Want to control narrative - Company culture too toxic to navigate **Pros**: - Control your narrative - Leave on your terms - Preserve reference potential - Protect mental health - No termination on record **Cons**: - No severance - May complicate EI eligibility (voluntary quit has waiting period) - Gives up potential leverage - May feel like "letting them win" **How to Execute**: - Line up next opportunity first if possible - Give professional notice - Brief, professional resignation letter - Don't burn bridges in exit interview - Request reference letter before departing ### Option 4: Legal Consultation Path **Indicators Suggesting Legal Review**: - Clear protected class pattern - Retaliation timing - Documented inconsistent treatment - Witnesses willing to corroborate - Company policy violations - Significant damages (long tenure, high comp) **What Employment Lawyers Look For (Ontario)**: - Wrongful dismissal: Termination without adequate notice or just cause - Human rights violations: Discrimination under Ontario Human Rights Code - Constructive dismissal: Fundamental breach of employment contract - Similarly situated comparators treated differently - Documented pattern of behavior - Credible witnesses **Cost/Benefit Reality (Ontario)**: - Contingency cases available for strong wrongful dismissal claims - Hourly representation: $300-600 CAD/hour - Most cases settle, few go to trial - Process takes 6 months - 2+ years - Ontario small claims court (up to $35K) allows self-representation - Superior Court for larger claims **How to Find Qualified Counsel (Ontario)**: - Law Society of Ontario Lawyer Referral Service (free 30-min consultation) - Ontario Bar Association Employment Law Section - Canadian Association of Labour Lawyers - Initial consultations often free or nominal fee - Get 2-3 opinions before deciding **For US users**: Contact state bar association, NELA (National Employment Law Association), or local employment lawyers. ### Option 5: Parallel Job Search **Often Combined with Options 1-4** **Immediate Actions**: - Update resume (use `/buildresume` if job posting available) - Activate network discretely - Set up job alerts - Consider recruiters