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Termination Risk Calculator

Run this before the meeting, not after. Nine questions on documentation, consistency, and protected-activity timing tell you whether this decision is ready to defend.

This tool provides general risk-awareness guidance and is not legal advice. High-stakes terminations should be reviewed with qualified employment counsel or a senior HR consultant before action is taken.

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How This Works

Methodology


What drives termination risk

Retaliation and discrimination claims rarely hinge on whether the underlying performance or conduct problem was real. They hinge on documentation, consistency with how similar situations were handled, and timing relative to any protected activity the employee engaged in.

Why timing matters so much

A termination that happens shortly after a complaint, leave request, safety report, or accommodation request can be entirely lawful and still look retaliatory to an agency or jury if the decision-maker knew about that activity. Distance in time and an independent decision-maker both reduce that appearance.

What a good pre-termination review checks

The record, the timing, the comparators, and whether the business reason can be stated in specific, factual language rather than vague labels. Ten minutes on these four points has prevented more claims than any policy manual.

Common Questions

Frequently Asked Questions


Should I run this before every termination?

Yes, especially for anything beyond a clean voluntary resignation. It takes a few minutes and catches the gaps that turn a routine separation into a claim.

What if the result comes back high risk?

It does not mean you cannot proceed. It means specific gaps need attention first: get documentation in order, confirm consistent treatment, or get an independent review before the meeting.

Does a low-risk score guarantee no claim will be filed?

No. Employees can file claims regardless of how well-documented a decision is. A low-risk score means the decision is well-positioned to be defended, not that it is claim-proof.

What is the single biggest risk factor?

Recent protected activity the decision-maker knew about, combined with thin documentation. That combination is what most retaliation claims are built on.

Go Deeper

Related Answers and Services


The Score Is the Symptom

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