Termination Review Yachela

/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:

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:

markdownCopy code
[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.