Skill

legalcode-termination-risk-assessment

Conducts pre-termination risk assessment scoring to identify potential legal exposure before adverse employment actions. Use before terminating an employee — especially after FMLA leave, workers' compensation claim, whistleblower report, EEO complaint, disability accommodation request, union activity, or wage complaint. Evaluates documentation adequacy (progressive discipline, PIPs, performance reviews), protected class status and adverse impact analysis (four-fifths/80% rule for group actions), temporal proximity to protected activity (FMLA, workers comp, whistleblower, EEO complaint, NLRA concerted activity), retaliation indicators (departure from policy, pretextual framing, supervisor animus, selective enforcement), consistency with prior similar situations (comparator analysis), at-will employment exceptions and implied contract risks (public policy, implied contract, good faith and fair dealing), WARN Act applicability for group terminations (100-employee federal threshold, state mini-WARN acts — CA 75, NY 50, NJ 100, IL 75), and final pay timing requirements by state (immediate, next scheduled payday, within X days). Produces a 0-100 composite risk score across six weighted categories with GO / GO-WITH-CAUTION / NO-GO / RESTRUCTURE recommendation, confidence intervals, Tier 1–3 mitigation pathways, and Glass Box audit trail. US-primary with [JURISDICTION-SPECIFIC] markers for UK Employment Rights Act 1996 / ERA 2025 and Australia Fair Work Act 2009 general protections (reverse onus).