termination-review-yachela · v0.1.0 · 2026-10-08 · sha256 2d47a53b142157c9
termination-review-yachela v0.1.0A
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--- name: termination-review-yachela title: /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. author: yachela author_url: https://github.com/yachela/claude-for-legal-ar/tree/main/employment-legal/skills/termination-review license: Apache-2.0 version: 0.1.0 execution_mode: open jurisdiction: ar practice: employment language: en --- # /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 <slug>` 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/<matter-slug>/`. 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 in the US; *enfermedad/accidente inculpable* Art. 208 LCT or *maternidad* Art. 177 LCT in Argentina)? | | **Protected class + timing** | Discrimination claim | Protected class AND recently disclosed/visible (pregnancy, religious accommodation, disability)? In Argentina, note maternity (Art. 177/178 LCT) or marriage (Art. 180/181 LCT) protections. | | **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 / Contractor misclassification** | FLSA + state wage claim / LCT dependency claim | See the classification checks below (US exempt threshold vs Argentina contractor/monotributo risk). | | **Union representation (AR only)** | Tutela sindical protection | Is the employee a union delegate or representative (*delegado sindical*) protected by Ley 23.551? | **Exempt/non-exempt classification flag (US).** Fire this flag when ALL of the following are true: 1. The employee works in a US 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 (US)** — [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. **Contractor / Monotributo misclassification flag (Argentina).** Fire this flag when the jurisdiction is Argentina (AR) AND: 1. The individual is engaged as an independent contractor (claims payment via invoice/*factura* / *Monotributo*) — **AND** 2. The relationship has characteristics of employment (regular schedule, office/systems access, direct supervision, integration into core teams). When this fires, emit: > 🔴 **Potential contractor misclassification (Argentina - Art. 23 LCT)** — Engaged as contractor but shows signs of employment. Art. 23 LCT establishes a strong presumption of an employment relationship when services are rendered. Under Argentine law, a terminated contractor who successfully claims employment status is entitled to full retrospective labor benefits, including salary differences, unpaid SAC/vacations, social security contributions, and severe penalties for unregistered employment (e.g., Ley 24.013 or Ley 25.323 `[model knowledge — verify]`). Route to `/employment-legal:worker-classification` for evaluation. **Maternity / Marriage / Union protection flags (Argentina).** Fire if jurisdiction is Argentina (AR) AND: - The employee is pregnant or has given birth within the last 7.5 months: presumes dismissal due to pregnancy (Art. 177/178 LCT), triggering 1 year of salary as additional penalty (Art. 182 LCT). - The employee married within the last 3 months or is marrying in the next 6 months: presumes dismissal due to marriage (Art. 180/181 LCT), triggering 1 year of salary as penalty (Art. 182 LCT). - The employee holds a union position (*delegado gremial*): stability under Ley 23.551. Absolute bar to dismissal without prior judicial exclusion process (*exclusión de tutela*). If any flag fires, emit: > 🔴 **Special Protection Flag (Argentina)** — Dismissal is highly restricted or triggers severe penalties under LCT Art. 182 or Ley 23.551 `[model knowledge — verify]`. Do not proceed with termination without legal counsel review. **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. **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** — In the US, this varies by state. In Argentina, LCT Art. 128 requires payment within 4 business days of termination. Research waiting-time or late-pay penalties (e.g. Art. 9 Ley 25.013 / LCT Art. 275). > - **Accrued-PTO payout** — In Argentina, proportional unused vacation (*vacaciones no gozadas*) must always be paid upon termination (Art. 156 LCT), plus the proportional SAC (aguinaldo) on those vacations. > - **Required notices** — Research required notices (e.g. state unemployment in the US; telegram/notary notification of dismissal in Argentina under Art. 235 LCT). > - **Mass-layoff / plant-closing notices** — In the US, research WARN Act / state mini-WARN. In Argentina, research the *Procedimiento Preventivo de Crisis* (PPC) under Ley 24.013 (required before collective dismissals or suspensions due to force majeure or lack of work). > > 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/PPC rule, report what was found and stop. Do NOT fill the gap from web search or model knowledge without asking. > > **Source attribution.** Tag every citation in the plan — final-pay rule, PTO rule, notices, WARN / PPC, OWBPA consideration periods, LCT indemnity articles, state/national 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) in the US, and Art. 245 bases, preaviso, and Art. 241 mutual agreement validation in Argentina — spot-check those first`. Per-citation `[model knowledge — verify]` tags remain inline. Do not emit a standalone banner. > **Jurisdiction assumption.** This review assumes the employee's jurisdiction as stated in Step 1 and defaults from `CLAUDE.md` → Jurisdictional footprint. If the employee works in a different state or country (such as Argentina instead of a US state), the legal analysis, indemnities, and notice periods will differ fundamentally. 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 / Argentina (AR)] **Reason:** [Performance / Misconduct / RIF / Elimination / Despido incausado] **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 / Argentina]) #### US (if applicable) - Final pay: [researched rule and cite] - Required notices: [list, each researched and cited] - Mass-layoff notice: [researched rule and cite] #### Argentina (if applicable) - Final pay timing: LCT Art. 128 (within 4 business days) - Base calculations & Indemnities (Art. 245 LCT for seniority, Art. 231/232 LCT for preaviso, Art. 233 LCT for integration of month of dismissal) - Art. 80 LCT Certificate: Mandatory delivery of labor certificates within 30 days of termination (failing to do so triggers a fine of 3 salaries under Art. 45 Ley 25.345) `[model knowledge — verify]`. - Dismissal communication: Written notification via Telegram/Notary (Art. 235 LCT). --- ### Severance and release - Severance: [amount per formula / none] - Release: [required / not. If Argentina (AR): must be executed via Mutual Agreement under Art. 241 LCT before a Notary (*escribano público*) or validated/approved (*homologado*) by the Ministry of Labor/SECLO under Art. 15 LCT to be valid and binding; private unhomologated agreements are high-risk under Art. 12 LCT `[model knowledge — verify]`]. - [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 #### US (if applicable) - [ ] Final paycheck ready, correct amount, delivered per researched rule - [ ] Continuation-coverage notices (COBRA / state analogs) prepared - [ ] [State] unemployment notice prepared - [ ] Severance agreement (if applicable) - [ ] Return of property / access cutoff coordinated #### Argentina (if applicable) - [ ] Notary or Telegram notice drafted and sent (Art. 235 LCT) - [ ] Final pay calculated: days worked, proportional SAC (aguinaldo), vacation settlement, LCT indemnities (Art. 245, 232, 233) - [ ] final payment deposition scheduled within 4 business days - [ ] Art. 80 LCT Certificate compilation started (to be delivered within 30 days) - [ ] Mutual agreement draft prepared for SECLO / Ministerio de Trabajo or Notary (if Art. 241 LCT release is planned) - [ ] Return of property / access cutoff coordinated ``` ## 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 — with detail > - Jurisdiction-specific findings (final pay, LCT indemnities, required notices, mass-layoff/PPC rules) and where they were cited from > - Severance/release analysis, including any OWBPA (US) or Art. 241 LCT / SECLO (Argentina) validation requirements > - Open questions and what's unresolved > - What could go wrong (the claim theory this fact pattern supports) > - What to ask the attorney > > If you need to find an attorney, solicitor, barrister, or other authorised legal professional: contact your professional regulator (state bar in the US; in Argentina, the *Colegio Público de Abogados* of the relevant jurisdiction, such as CPACF for Buenos Aires, or similar provincial associations) for a referral service. 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 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.