termination-review

/termination-review

Load ~/.claude/plugins/config/claude-for-legal-zh/employment-legal/CLAUDE.md → termination review trigger conditions, high-risk flags, severance conventions, jurisdiction rules.
Use the following workflow.
Item-by-item checklist. Check every high-risk flag.
Determine the final wage payment timing based on the employee's jurisdiction. Severance/compensation + negotiated termination agreement (if applicable).
If any high-risk flag is triggered: escalate per the reporting table, and do not proceed without signed approval.

Matter context

Matter context. Check the practice-level CLAUDE.md for ## Matter workspaces. If Enabled is ✗(the default for legal users), skip this section—the skill uses practice-level context and the matter mechanism is not visible. 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 to get matter-specific context and overrides. Write output to the matter folder. Unless Cross-matter context is on, do not read files from other matters.

Purpose

Most terminations are fine. A few are labor disputes waiting to happen. This skill runs a checklist before the decision is finalized, to catch the second situation. This skill does not state the law—every jurisdiction-specific rule and notice period requirement is researched and extracted at review time.

Load context

~/.claude/plugins/config/claude-for-legal-zh/employment-legal/CLAUDE.md → termination review trigger conditions, high-risk flags, standard severance, jurisdiction table.

Output heading

From ~/.claude/plugins/config/claude-for-legal-zh/employment-legal/CLAUDE.md → ## Outputs preset work product heading (varies by user role—see ## Who's using this). If there is a seed termination memo in the configuration, match its memo format. The work product heading is always first.

Workflow

Step 1: Basic facts

Employee name (or an abstracted role)
Jurisdiction (where the employee actually works, province/municipality)
Grounds for termination (performance failure, serious misconduct, economic layoff, position elimination)
Years of service with this employer
Age (implicates medical period, years until retirement, and other protections)
Whether others in the same batch/decision unit are also being terminated (implicates the economic layoff headcount threshold)
Planned termination date

Step 2: High-risk flag scan

This is the most important step. Check every flag in ~/.claude/plugins/config/claude-for-legal-zh/employment-legal/CLAUDE.md . Default combination:

Flag	Why high risk	Check
Recent complaint/report	Retaliatory termination claim	Has the employee recently filed a complaint (HR, labor inspection, whistleblower hotline)?
Protected leave/medical period	Termination during a statutory protection period	Is the employee currently in a medical period, work-stoppage-with-pay period, or just finished maternity leave/breastfeeding period?
Special protected group + timing	Unlawful termination—circumstances in which termination is prohibited	Does it fall under the circumstances listed in Article 42 of the Labor Contract Law (female employees during the three periods, work-related injury with loss of work capacity, medical treatment period, continuously worked for 15 years and less than 5 years from retirement, etc.)?
Report/complaint	Retaliation	Has the employee ever filed a report or complaint regarding illegality, safety, fraud, or similar issues?
Weak documentary evidence	"Why terminate now?" problem	For performance-based termination: is there a performance improvement plan (PIP), written warning, documented feedback? Or is it completely without warning?
Disparate treatment	Selective termination	Are there others who did the same thing and were not terminated?
Contract/rules and regulations commitment	Breach of contract	Did the labor contract, rules and regulations, offer letter, or any written document promise a process that was not followed?
Misclassification of working hours system	Overtime pay dispute (150%/200%/300%)	See the classification check below. Triggered when the jurisdiction + classification + job title are all satisfied.

Misclassification flag for standard working hours/comprehensive working hours/non-fixed working hours system. Triggered when all of the following conditions are satisfied:

The province/municipality where the employee is located has strict rules on the approval and implementation of working hours systems—Beijing, Shanghai, Guangdong, Jiangsu, Zhejiang(and ~/.claude/plugins/config/claude-for-legal-zh/employment-legal/CLAUDE.md → ## 工资与工时 → other provinces/municipalities listed in the known recognition risk areas)—and
the employee performsa special working hours system other than the standard working hours system(comprehensive calculated working hours system or non-fixed working hours system)—and
the employee's job title contains **"supervisor" "team leader" "coordinator" "analyst" "administrative" "specialist"** (case-insensitive, and any equivalent positions marked as risk in the practice profile).

When all three conditions are triggered, issue:

🔴 Potential misapplication of working hours system — [position] performs [comprehensive calculated working hours system/non-fixed working hours system] in [province/municipality], but the nature of the position and actual work content may not meet the applicable conditions. Before termination, route to /employment-legal:wage-hour-qa to conduct a working hours system compliance check—once an employee to whom the special working hours system was misapplied is terminated, there is a ripe overtime pay dispute (150% on workdays, 200% on rest days, 300% on statutory holidays), and a negotiated termination agreement may not fully exempt such payment obligations. Termination of positions under special working hours systems is a high-incidence point of labor disputes.

Do not suppress this flag because the job title "looks like a management position"—the core of a misclassification dispute is precisely that the job title does not equal the actual nature of the work. Route to /employment-legal:wage-hour-qa to check the actual work content and approval compliance.

If this review involves back pay calculations (economic compensation modeling, settlement posture, risk exposure estimation), they are not calculated in this skill. Route to wage-hour-qa → Step 2a and use its calculation framework: overtime pay calculation base, overtime hours, 150%/200%/300% multipliers, and the labor dispute arbitration limitation period (Article 27 of the Law on Mediation and Arbitration of Labor Disputes—one year). All back pay figures are marked [需核实——在主张或支付前咨询劳动法律师]. A figure that appears correct on its face but is actually wrong here is the specific failure mode this framework is designed to prevent.

Any flag triggered → before termination proceeds, follow ~/.claude/plugins/config/claude-for-legal-zh/employment-legal/CLAUDE.md report. Before rescission, do not wait until afterwards.

Step 3: Jurisdiction-Specific Requirements

Before finalizing the plan, research the applicable rules of the employee's jurisdiction. Specifically:

Timing of final wage payment—this may differ for termination and resignation. Research the currently effective rules, including penalties for delayed payment (e.g., Article 9 of the Interim Provisions on Wage Payment, provincial/municipal wage payment regulations).

Compensation for unused annual leave—research the currently effective rules (Article 5 of the Regulations on Paid Annual Leave for Employees: paid at 300% of daily wage income).

Calculation of economic compensation/damages—economic compensation is according to Article 47 of the Labor Contract Law (one month's wage for each full year); unlawful termination is according to Article 87 (twice the standard of economic compensation).[法条原文]

Notification obligations—research whether reporting to the human resources and social security department is required (economic layoffs require explaining the situation to the labor union or all employees 30 days in advance and reporting to the human resources and social security department—Article 41 of the Labor Contract Law [法条原文]); research any province/municipality-specific notification requirements.

Economic layoffs—research the applicable conditions of Article 41 of the Labor Contract Law (laying off 20 or more persons or 10% or more of the total number of employees), priority retention rules (Article 41, Paragraph 2), and priority hiring rules (Article 41, Paragraph 3).[法条原文]

Cite primary sources. Verify currency.

Do not supplement on your own. If a query to the configured legal research tool returns zero or very few results, report what was found and stop. Do not fill gaps from web search or model knowledge without asking. Say: "The search returned [N] results from [tool]. Coverage for [jurisdiction/rule] appears thin. Options: (1) broaden the search query, (2) try another research tool, (3) search the web—results will be marked[联网检索——需复核], verify before relying on them, (4) stop here and flag for lawyer verification. Which would you like?" The lawyer decides whether to accept lower-credibility sources.

Source labeling. For each citation in the plan—final wage rules, unused annual leave rules, notification requirements, economic compensation rules, and the statutory provisions corresponding to the type of termination—label the source:[yuandian检索]for citations obtained through the retrieval connector;[联网检索——需复核]for web search citations;[模型知识——需验证]for citations recalled from model knowledge;[用户提供]for user-provided citations. Label需验证citations have a high risk of fabrication and should be verified first. Labels must not be deleted or compressed.

Step 4: Economic Compensation/Damages and Negotiated Termination Agreement

According to ~/.claude/plugins/config/claude-for-legal-zh/employment-legal/CLAUDE.md → standard economic compensation:

Is economic compensation provided? According to the statutory formula or negotiated by both parties?
Is it necessary to sign a negotiated termination agreement? (Usually required when additional compensation is paid—the legal basis for termination by mutual agreement is Article 36 of the Labor Contract Law [法条原文]）

Distinction between economic compensation and damages for unlawful termination. The legal nature of the termination determines the compensation standard:

Economic compensation (N): applies to termination by mutual agreement (Article 36), forced termination by the employee (Article 38), no-fault termination (Article 40), economic layoffs (Article 41), and termination upon expiration of the labor contract (Article 46).[法条原文]

Damages (2N): applies to unlawful termination or rescission (Article 87), with the standard being twice the standard of economic compensation.[法条原文]

No compensation required: Employee voluntary resignation (Article 37 — 30 days' prior written notice), termination for fault (Article 39 — serious violation of discipline, etc.).[法条原文]

Research currently effective rules and cite primary sources. Verify timeliness.

Additionally, consider whether the following apply to a negotiated termination agreement:

Province/municipality-specific restrictions on waiver of rights (some regions have special provisions on rights that can be disposed of in labor relationships).
Special restrictions on confidentiality or non-disparagement clauses involving sexual harassment, discrimination, or other protected categories.
A negotiated termination agreement must not restrict the employee's statutory right to complain to the labor inspection authorities or apply for labor arbitration.

Step 5: Documentary evidence check

Especially for performance-based termination:

Is there a written trail? Written warnings, performance improvement plans (PIP), feedback documents?
Does the written trail tell a consistent story?
Is there any written document that contradicts the termination reason (recent positive performance evaluations, bonuses, promotions)?

The "why now" question: if the person has been underperforming for a year, what changed? The answer should be documented in writing.

Output

Research connector pre-check. Before issuing the memorandum, check whether legal research tools can be connected in this session — yuan dian MCP or any other configured research tool. Collect the results into the review notes; if no connector returned results in Step 3 (or none is configured at runtime), record it in the **Sources:** line of the review notes — for example 未连接——引用来自模型知识；解除法备忘录中编造风险最高的主题是最终工资支付时点、各省/直辖市工资支付条例、经济性裁员的法定程序和司法实践——请优先核验. Keep each [模型知识——需验证] tag inline. Do not output a separate banner above the memorandum.

Jurisdiction assumptions. This review assumes the employee's jurisdiction as stated in Step 1, and the default value in ~/.claude/plugins/config/claude-for-legal-zh/employment-legal/CLAUDE.md → Jurisdiction scope. Termination rules, final wage payment timing, notice obligations, and economic compensation standards differ significantly by province/municipality and country. If the employee works in another province/municipality or country, or the applicable law is disputed, this analysis may not apply.

Match the seed termination memorandum format cited in ~/.claude/plugins/config/claude-for-legal-zh/employment-legal/CLAUDE.md . If there is none:

[工作成果标题——根据插件配置 ## Outputs——因角色不同；见 `## Who's using this`]

## 解除审查：[岗位/姓名] — [日期]

**管辖地：** [省/直辖市]
**解除理由：** [绩效不达标 / 严重违纪 / 经济性裁员 / 岗位撤销]
**计划日期：** [日期]

---

### 底线

[可以进行 / 需先解决X / 停止——一句话说明理由]

---

### 高风险标记

[步骤2的每个标记。✅ 清晰 或 🔴 标记及详情。]

**上报：** [无需 | 在进行前上报至[姓名]——[哪个标记]]

---

### 管辖地要求（[省/直辖市]）

- 最终工资支付：[研究确定的规则及引用；说明未休年休假折算工资是否包含，按研究确定的规则和团队政策]
- 通知义务：[列表，每项附研究和引用]
- 经济性裁员通知（如适用）：[研究确定的规则及引用]

---

### 经济补偿/赔偿金与协商解除协议

- 补偿/赔偿金：[按公式计算的金额 / 协商金额 / 无]
- 协议：[需要 / 不需要——如需，研究并适用现行协商解除协议的法定要求；引用一手来源并核实时效]
- [任何适用的省/直辖市特定规则或解除协议限制]

---

### 书面证据

[对书面轨迹的评估。缺口已标记。]

---

### 进行 / 不进行

[可以继续 | 进行但需以下修改 | 暂停——等待上报审批]

### 解除当日检查清单

- [ ] 最终工资已准备，金额正确，按研究确定的规则交付
- [ ] 解除证明（劳动合同法第50条）已准备
- [ ] 社会保险和公积金转移手续通知已准备
- [ ] 协商解除协议（如适用）已就绪
- [ ] 归还公司财产 / 注销访问权限已协调
- [ ] [其他]

Follow-up action threshold (termination of labor contract)

Before making a "may terminate" recommendation or marking the termination day checklist as ready: Read ~/.claude/plugins/config/claude-for-legal-zh/employment-legal/CLAUDE.md in ## Who's using this. If the role isnon-lawyer：

Termination of a labor contract has legal consequences — unlawful termination, discrimination, retaliation, and wage disputes all trace back to the structural way this decision is made. Have you reviewed this termination with a lawyer? If reviewed, continue. If not reviewed, the following is briefing material to take to a lawyer:

Employee, jurisdiction, termination reason, planned date

Each high-risk flag surfaced by the review (recent complaints, protected leave, special protected groups + timing, whistleblowing complaints, weak documentary evidence, disparate treatment, contract/rules commitments) — with details

Jurisdiction-specific findings (final wages, unused annual leave, notice obligations, economic layoff rules) and cited sources

Economic compensation/damages analysis, including potential disputes such as overtime pay/unused annual leave

Unresolved issues and undetermined matters

Possible risks (claim theories supported by this fact pattern)

Questions to ask a lawyer (whether this is a clean termination; whether more documentary evidence is needed before termination; whether the negotiated termination agreement requires specific clauses; whether decision units need to be staggered)

If you need to find a lawyer: contact your local bar association or call the 12348 legal aid hotline for a referral. Labor law is one of the practice areas where a brief consultation before the termination meeting is always worth more than the cost of defending a lawsuit after termination.

Do not output a final conclusion of "you can proceed" before receiving explicit confirmation. Output marked as a draft for lawyer review is permitted.

Close with the next-step decision tree

Close with the next-step decision tree in CLAUDE.md ## Outputs . Customize the options based on what this skill has just produced—the five default branches (draft X, escalate, obtain more facts, wait and see, other options) are a starting point, not fixed items. The decision tree itself is the output; the lawyer chooses.

What this skill does not do

Make the termination decision. It reviews the decision.
Conduct the termination meeting. That is done by the manager.
State termination or jurisdiction rules from memory—every rule is researched and extracted at the time of review.
Guarantee that no lawsuit will be filed. It reduces risk by capturing obvious problems.