| name | termination-review |
| description | Employment termination risk review: red flag checklist, final pay timing, severance analysis, documentation gaps, protected class checks — before the decision is final |
Termination Review Skill
When to activate
- Before terminating an employee — checking for legal risks
- Reviewing whether your documentation supports the termination
- Assessing severance and separation agreement terms
- Identifying whether a Performance Improvement Plan (PIP) is needed first
- Understanding jurisdiction-specific final pay and notice requirements
When NOT to use
- After a decision has already been communicated — too late for risk mitigation
- Mass layoffs — requires specific legal process (WARN Act, collective consultation)
- Union employees — different process and obligations
- Contractor terminations — different legal framework
⚠️ Critical
Employment termination is one of the highest-risk legal actions a business can take. Claude identifies risk factors and helps you think through the decision — it does not give legal advice. Always consult an employment lawyer before terminating, especially if any red flags are present.
Instructions
Pre-termination red flag check
I'm considering terminating [role/level, no name needed].
Run through the red flag checklist:
RECENT ACTIVITY (past 12 months):
- Have they filed any complaints (HR, discrimination, harassment, safety)?
- Have they recently taken protected leave (FMLA, disability, pregnancy, military)?
- Have they engaged in any protected activity (union, whistleblowing, wage complaints)?
- Are they a protected class and are there no other terminated employees in that class?
DOCUMENTATION:
- Do I have written performance issues (PIPs, written warnings, documented conversations)?
- Are the performance issues consistent over time or sudden?
- Were they given clear expectations and a fair opportunity to improve?
- Is this the first notice they're receiving of a performance issue?
PROCESS:
- Was a PIP required under company policy and was it followed?
- Was there an investigation if the reason is misconduct?
- Have similarly-situated employees been treated the same way?
Tell me which red flags are present and what they mean.
Documentation strength assessment
I want to assess how well-documented my case is.
Reason for termination: [performance / misconduct / restructuring / other]
Documentation I have:
- [list what you have: PIPs, emails, write-ups, meeting notes, etc.]
- Dates of each document
- Whether the employee acknowledged/signed each one
Am I well-positioned? What's missing?
Final pay and notice requirements
I'm terminating an employee in [state/country].
Their last day will be [date].
They have [X] days of accrued but unused vacation.
Reason: [voluntary / involuntary / layoff]
What are my obligations for:
1. Final paycheck timing (immediate / next regular payday / X days)?
2. Accrued vacation payout (required or discretionary)?
3. Notice period (required or "pay in lieu")?
4. COBRA/benefits continuation notice?
Note: jurisdiction requirements vary significantly — [VERIFY] with an HR professional or lawyer.
Severance analysis
I'm considering offering severance.
Role: [title, tenure: X years]
Reason: [layoff / performance / mutual separation]
My instinct: [X weeks / X months]
Questions:
1. What is a market-standard severance for this role and tenure?
2. What conditions should I attach? (non-disparagement, non-solicitation, release of claims)
3. What are the ADEA considerations if the employee is 40+?
4. Should I require them to waive claims? What does that mean?
Separation agreement review
Review this separation agreement draft and flag any issues:
[paste draft]
Check for:
- Consideration (is what we're offering adequate for the waiver?)
- Revocation period (21/45-day review for ADEA waivers + 7-day revocation)
- Non-disparagement scope (mutual or one-sided?)
- Reference letter terms
- COBRA continuation notice
- Return of company property
- IP assignment confirmation
Example
You describe the situation:
Employee: Senior developer, 4 years tenure, age 52
Reason: Performance — missing deadlines, low code quality
Documentation: One email 6 months ago mentioning concerns. No PIP. No written warnings.
Recent activity: Filed an internal complaint about a colleague 3 months ago
Claude's risk assessment:
🔴 HIGH RISK — Do not proceed without legal counsel
Red flags present:
-
Protected activity (recent complaint): Employee filed a complaint 3 months ago. Terminating within 6 months of protected activity creates a strong retaliation claim, even if performance issues are real.
-
Age (40+ employee): ADEA applies. Documentation must show the same standard applied equally to younger employees. One email does not meet this standard.
-
Documentation gap — critical: No PIP, no written warnings, no documented performance conversations. "One email 6 months ago" will not withstand scrutiny. A court or regulator will ask why you didn't give them a fair chance to improve.
What's missing before this termination can proceed safely:
- A documented PIP with clear expectations, timeline, and check-ins
- Written acknowledgment by employee of performance issues
- Evidence that similarly-situated younger employees were treated the same way
- Separation from the complaint timeline (or documented that the complaint played no role)
Minimum recommended steps:
- Consult employment lawyer now — before any communication to the employee
- Consider whether a structured PIP is appropriate (and legally required under company policy)
- Document all future performance conversations
Do not terminate until legal counsel reviews this situation.
