• Termination Readiness Check

     

    This form helps you assess whether a termination decision is operationally and legally ready to proceed. It identifies common risk areas, documentation gaps, and compliance issues before action is taken, so you can make a more informed decision.

    It provides structured, best-practice guidance based on your responses and highlights where additional steps, review, or support may be needed.

    This form does not give legal advice.
    It does not approve, deny, or authorize a termination.
    It does not replace HR or attorney review.
    It does not eliminate legal risk.
    It does not guarantee a termination will withstand a legal challenge.

    What to know before you begin:
    This tool is designed to surface risk, not validate a decision you’ve already emotionally committed to. If the results indicate elevated risk, pause before proceeding.

     

    By clicking “Next,” you acknowledge and agree with the above statements.

     

     

  • Employment Basics

    If the basics are wrong, everything downstream is wrong. This ensures the guidance that follows is tailored to the correct laws and risk profile instead of generic advice that gets companies sued. 5 quick questions. Lays the legal groundwork.
  • Is the employee classified as at-will?*
  • Employee classification?*
  • Employee role level?*
  • Employee tenure?*
  • Reason for Termination

    Most wrongful termination claims hinge on unclear, shifting, or undocumented reasons. This section helps identify gaps before the decision is executed. Between 1 and 4 questions depending on your answers. This is the “why” that gets scrutinized first.
  • What is the primary reason for termination?*
  • Has this reason been communicated to the employee previously?*
  • Does a written company policy or employee handbook address this issue?*
  • Was the policy or handbook guidance consistently enforced across employees?*
  • Documentation & Consistency

    Good intentions don’t hold up in disputes. Documentation and consistency do. This section highlights risk areas that often trigger claims, audits, or settlements. 2 to 4 questions depending on your answers. This is where risk usually lives.
  • Does written documentation exist supporting this termination reason?*
  • Have performance reviews been completed for this employee?*
  • What was the most recent performance review outcome?*
  • Approximately how long ago was the most recent performance review completed?*
  • Since that performance review, has the employee received corrective feedback regarding the same issues now cited for termination?
  • Has a Performance Improvement Plan (PIP) been issued?*
  • Have other employees in similar situations been treated consistently?*
  • Protected Activity & Status

    Even a well-justified termination can become high risk if it intersects with protected activity. This section helps flag situations that require extra caution or legal review. 2 questions (multi-select). Answer carefully. This is a high-risk area.
  • Has the employee engaged in any of the following in the last 12 months?*
  • Is the employee currently in, or recently returned from, protected leave?*
  • Timing & Process Readiness

    Many legal violations occur after the termination decision is made. This section helps prevent costly compliance mistakes that happen on termination day. 4 questions. This prevents “we forgot” problems.
  • Is the termination planned to occur immediately?*
  • Are final pay requirements understood for the employee’s state?*
  • Are accrued PTO payout rules confirmed for this employee?*
  • Is there a plan in place for:*
  • Confidence Check

    Low confidence is often a signal that something needs to be addressed before proceeding. This question helps surface gut-level risk that facts alone may not reveal. 1 question. Trust your instincts here.
  • How confident are you that this termination would withstand scrutiny if challenged?*
  • Final Details

    Please provide the information below so we can deliver your Termination Readiness Check and better understand how this tool is being used across industries and company sizes. Privacy Notice: The information collected in this form is used solely to deliver your Termination Readiness Check and to better understand usage trends by industry and company size. Your information will never be sold, shared, or used for marketing purposes without your explicit consent.
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