# Termination risk assessment
> Source: https://legalcode.md/skills/legalcode-termination-risk-assessment | [HTML version](https://legalcode.md/skills/legalcode-termination-risk-assessment)

Conducts pre-termination risk assessment scoring to identify potential legal exposure before adverse employment actions.

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).

This skill conducts a structured, multi-dimensional risk assessment before an adverse employment action (termination, constructive dismissal, or forced resignation). It quantifies legal exposure across six risk categories, produces a composite risk score from 0–100, and issues a GO / GO-WITH-CAUTION / NO-GO / RESTRUCTURE recommendation with tiered mitigation pathways. **Covers:** - Documentation adequacy analysis — progressive discipline, PIPs, performance reviews, contemporaneous notes - Protected class and adverse impact screening — individual terminations and group actions (RIF/layoff), four-fifths/80% rule analysis - Temporal proximity to protected activity — FMLA leave, workers' compensation claims, EEO/agency complaints, whistleblower reports, NLRA Section 7 concerted activity, ADA accommodation requests, USERRA military service - Retaliation indicator analysis — departure from policy, pretextual stated reason, supervisor animus, sudden PIP post-protected activity, selective enforcement - Comparator and consistency analysis — similarly situated employees treated differently - At-will employment exceptions — public policy, implied contract, implied covenant of good faith and fair dealing (state-by-state) - WARN Act applicability — federal 60-day notice threshold and state mini-WARN acts (CA, NY, NJ, IL, MA) - Final pay and PTO payout timing — state-by-state requirements - UK unfair dismissal framework — ERA 1996, five potentially fair reasons, ACAS Code, ERA 2025 qualifying period ...

## Jurisdictions

Global



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