Code Red

---
name: code-red
description: Employment crisis intervention - navigate PIPs, HR conflicts, and termination risk
disable-model-invocation: true
---

## Configuration

Read `.jobops/config.json`. If missing, stop with:

> JOBOPS NOT CONFIGURED
> Run /jobops:setup to initialize your workspace.

Use `config.directories.<key>` for all file paths in this skill.
Use `config.preferences.cultural_profile` if this skill generates resume-style content.
Use `config.preferences.default_jurisdiction` if this skill has jurisdiction-sensitive logic (crisis/legal skills accept `--jurisdiction=<ISO-3166-2>` to override).

## Default Jurisdiction: Ontario, Canada

This command defaults to **Ontario, Canada** employment law framework. Key principles:

- **No At-Will Employment**: Unlike US states, Canadian employees cannot be terminated without cause or reasonable notice (common law or statutory)
- **Notice Periods**: Employees entitled to common law reasonable notice (often 1 month per year of service, up to 24 months) OR Employment Standards Act (ESA) minimums
- **Just Cause**: Employers must prove serious misconduct for termination without notice - a very high bar
- **Human Rights**: Ontario Human Rights Code protects against discrimination (broader protections than US federal law)
- **Constructive Dismissal**: Significant changes to job duties, compensation, or working conditions may constitute wrongful dismissal

**For US users**: Specify `--jurisdiction=US` or mention your state. US employment is generally at-will with different statutory frameworks (Title VII, ADEA, ADA).

## Important Disclaimers

**CRITICAL**: Read these disclaimers ALOUD to the user at session start:

1. **Not Legal Advice**: This guidance is strategic, not legal. For legally complex situations (discrimination claims, wrongful termination, harassment), recommend consultation with an employment attorney.
2. **No Outcome Guarantees**: Employment situations are unpredictable. Strategies improve positioning but cannot guarantee results.
3. **Confidentiality Reminder**: Be cautious about what you share. This conversation may be discoverable in legal proceedings.
4. **Documentation**: Save all workplace communications. BCC personal email where appropriate.


## Modes of Operation

Parse the mode from arguments:
- `--mode=assess` (default): Full intake, interview, and situation analysis
- `--mode=respond`: Draft response to specific HR communication
- `--mode=plan`: Create action plan for upcoming meeting or deadline
- `--mode=exit`: Focus on exit strategy and job transition

If no mode specified, default to `assess` (full process).


## Input Documents

**Argument Handling**:
- If `$1` is provided: Load specified file or folder
- If `$1` not provided: Ask user what documents they have available

**Accepted Document Types**:
- HR communications (emails, letters, written warnings)
- Performance Improvement Plans (PIPs)
- Performance reviews
- Employment contracts, offer letters
- Employee handbook excerpts
- Meeting notes or transcripts
- Incident reports or complaints
- Job description (current role)

**Load Career Context**:
- Check for `{config.directories.resume_source}/` for career history context
- If career context would help, read `{config.directories.resume_source}/Identity/CurrentRole.md` and the most-recent `WorkHistory/NN_*.md` file. Do NOT attempt to load `candidate_profile.json` — that artifact is removed in v2.2.0. If source files are missing entirely (emergency mode, no folder), proceed with user-supplied facts only.


## Phase 1: Intake & Document Analysis

### 1.1 Load and Catalog Documents

@$1

Read all provided documents. Create an inventory:

```
DOCUMENT INVENTORY
==================
| # | Document Type | Date | From | Key Content |
|---|---------------|------|------|-------------|
| 1 | [Type] | [Date] | [Sender] | [Summary] |
```

### 1.2 Extract Timeline of Events

From documents, construct chronological timeline:

```
EVENT TIMELINE
==============
[Date] - [Event] - [Source document]
[Date] - [Event] - [Source document]
...
```

Identify:
- **Triggering Event**: What started this situation?
- **Escalation Points**: When did things get worse?
- **Current Status**: Where are we now?
- **Upcoming Deadlines**: What's time-sensitive?

### 1.3 Identify Key Players

```
KEY PLAYERS
===========
| Name | Role | Relationship | Stance | Notes |
|------|------|--------------|--------|-------|
| [Name] | Manager/HR/Witness | [Context] | Ally/Neutral/Adversary | [Observations] |
```

### 1.4 Flag Legally Significant Language

Scan documents for:
- **Termination Indicators**: "Final warning", "failure to improve", "separation"
- **Protected Class References**: Any mention of age, gender, race, disability, pregnancy, religion
- **Retaliation Patterns**: Timing relative to complaints, protected activities
- **Policy Violations**: Company policy violations by either party
- **Inconsistent Treatment**: Evidence of different treatment vs. peers
- **Promises or Commitments**: Verbal or written commitments not honored


## Phase 2: Structured Candidate Interview

**CRITICAL**: This interview must be conducted before analysis. Use the AskUserQuestion tool or conversational questions to gather this information.

### 2.1 Situation Assessment Questions

Ask the user:

1. **"Walk me through what happened from your perspective. Start from when you first noticed something was wrong."**

2. **"What do you believe is the root cause of this situation?"**
   - Performance issue (real or perceived)?
   - Personality conflict?
   - Organizational change (new manager, restructuring)?
   - Retaliation for something?
   - Discrimination concern?
   - Other?

3. **"Were there any changes before this started?"**
   - New manager?
   - Reorganization?
   - Your complaint about something?
   - Requested accommodation?
   - Return from leave?

### 2.2 Relationship Context Questions

4. **"Describe your relationship with your manager BEFORE this started."**
   - How long working together?
   - Previous performance feedback?
   - Any prior conflicts?

5. **"Who else is involved or aware of this situation?"**
   - HR contacts?
   - Skip-level manager?
   - Colleagues who witnessed events?
   - Union representative?

6. **"Are there witnesses who would support your account?"**
   - Colleagues?
   - Former employees?
   - Written documentation from others?

### 2.3 Protected Class Screening (Handle Sensitively)

**Frame carefully**: "These questions help identify if there may be legal protections relevant to your situation."

7. **"Have you observed any patterns in how you're treated compared to colleagues in similar roles?"**
   - Different expectations?
   - Harsher criticism?
   - Excluded from opportunities?

8. **"Any recent life events that may be relevant?"**
   - Medical condition or disability?
   - Pregnancy or family leave?
   - Age-related comments?
   - Religious accommodation requests?
   - Reported harassment or misconduct?

**If protected class indicators emerge**: Note for legal consultation recommendation.

### 2.4 Documentation Gap Assessment

9. **"What important conversations happened that AREN'T in writing?"**
   - Verbal warnings?
   - Promises made?
   - Explanations given?
   - Threats or pressure?

10. **"Do you have any personal documentation?"**
    - Emails (including sent items)?
    - Text messages?
    - Personal notes with dates?
    - Calendar entries?
    - Witnesses who would corroborate?

### 2.5 Desired Outcome Questions

11. **"In an ideal world, what outcome would you consider a success?"**
    - Stay and rehabilitate relationship?
    - Transfer to different team/role?
    - Leave with favorable package?
    - Fight termination legally?
    - Just survive until next job lined up?

12. **"How committed are you to staying at this company?"**
    - Very committed - career investment
    - Open to leaving with right terms
    - Already checked out, just managing the exit
    - Want to fight on principle

13. **"What's your financial runway if income stops?"**
    - Months of expenses covered?
    - Severance expectations?
    - Other income sources?
    - Unemployment eligibility?

### 2.6 Timeline Pressures

14. **"What deadlines are you facing?"**
    - PIP end date?
    - Response due date?
    - Upcoming meetings?
    - Benefits or vesting cliffs?

15. **"Do you have any upcoming scheduled meetings?"**
    - HR meetings?
    - Manager check-ins?
    - PIP reviews?
    - Investigation interviews?


## Phase 3: Situation Analysis

### 3.1 Power Dynamics Assessment

After completing the interview, analyze:

```
POWER DYNAMICS ANALYSIS
=======================

YOUR LEVERAGE:
- [ ] Documented strong performance history
- [ ] Protected class status with pattern evidence
- [ ] Witnesses who support your account
- [ ] Evidence of policy violations by employer
- [ ] Unique knowledge/relationships hard to replace
- [ ] Pending vesting, bonus, or benefits
- [ ] Retaliation timeline (complaint → adverse action)
- [ ] Inconsistent treatment vs. peers (documented)

EMPLOYER'S LEVERAGE:
- [ ] Documented performance concerns (with dates/specifics)
- [ ] Strong "just cause" documentation (Ontario: high bar to meet)
- [ ] Prior warnings in your file
- [ ] Legitimate business reasons for concerns
- [ ] Clear policy violations on your part
- [ ] Other employees corroborating their view
- [ ] Enforceable employment contract limiting notice entitlements

DOCUMENTATION STRENGTH:
- Your documentation: [Strong/Medium/Weak]
- Their documentation: [Strong/Medium/Weak]
- Gap assessment: [Who has better paper trail?]
```

### 3.2 Pattern Recognition

Analyze for common scenarios:

**Standard PIP-to-Termination Playbook**:
- PIP with impossible/subjective goals
- Weekly check-ins documenting "failures"
- 30-90 day timeline
- Predetermined outcome

**Signs of Pretextual Termination**:
- Sudden negative feedback after years of good reviews
- Goals changed or made more difficult
- Excluded from projects/meetings
- Micromanagement of previously autonomous employee
- Timing correlates with protected activity

**Legitimate Performance Issues**:
- Consistent feedback over time
- Specific, measurable concerns
- Reasonable opportunity to improve
- Support resources offered

### 3.3 Risk Assessment Matrix

Create risk assessment:

```
RISK ASSESSMENT MATRIX
======================

| Factor | Level | Evidence | Notes |
|--------|-------|----------|-------|
| Termination likelihood | 🔴 High / 🟡 Medium / 🟢 Low | [specific indicators] | |
| Legal claim viability | 🔴 High / 🟡 Medium / 🟢 Low | [specific factors] | |
| Negotiation leverage | 🔴 High / 🟡 Medium / 🟢 Low | [specific points] | |
| Reference damage risk | 🔴 High / 🟡 Medium / 🟢 Low | [specific concerns] | |
| Timeline pressure | 🔴 Urgent / 🟡 Moderate / 🟢 Flexible | [deadlines] | |
```


## Phase 4: Strategic Options Presentation

Present 3-5 strategic paths with honest assessments:

### Option 1: Fight to Stay

**Strategy**: Engage constructively with PIP/process, document everything, meet or exceed requirements

**Required Actions**:
- Create detailed tracking of all PIP requirements
- Document every success and positive interaction
- Request clarification of ambiguous goals IN WRITING
- Build relationships with skip-level and allies
- Consider requesting different reviewer/manager

**Success Factors**:
- PIP goals are achievable and measurable
- Manager/HR acting in good faith
- No predetermined outcome evidence
- Strong historical performance to reference

**Success Probability**: [Assess based on interview]

**Risks**:
- Months of stress with uncertain outcome
- May be managing to a predetermined result
- Reference may be damaged regardless
- Time not spent on job search

**What "Winning" Looks Like**:
- Complete PIP successfully
- Relationship reset (or transfer)
- Career continues at company
- But: May always have target on back

### Option 2: Negotiate Exit Package

**Strategy**: Recognize writing on wall, shift focus to maximizing departure terms

**Typical Package Components (Ontario)**:
- Severance pay (common law: often 1 month per year of service, negotiable, can exceed ESA minimums)
- Benefits continuation (extended health, dental, life insurance coverage)
- Outplacement services
- Reference letter (pre-negotiated language)
- Record of Employment (ROE) coding for EI eligibility
- Vesting acceleration for stock/options
- Bonus proration
- Non-disparagement (mutual)
- Full and final release of claims

**Leverage Points for Negotiation**:
- Protected class concerns (even if not pursuing claim)
- Documentation of inconsistent treatment
- Knowledge of company issues
- Pending projects/transition needs
- Embarrassment avoidance
- Legal costs they'd incur defending

**Timing Considerations**:
- Before PIP ends (more leverage)
- Before formal termination
- Before burning bridges
- After documenting concerns in writing

**What to Ask For (Ontario)** (realistic ranges):
- Severance: ESA minimum PLUS common law top-up (total 1-24 months depending on tenure, age, position)
- Neutral reference letter (specific language you approve)
- Extended benefits continuation 3-12 months (health, dental, life insurance)
- ROE coded as "dismissal without cause" (Block 16: Code M) for EI eligibility
- "Position eliminated" or "mutual separation" language
- Outplacement services ($2K-10K value)

### Option 3: Strategic Resignation

**When This Makes Sense**:
- No leverage for negotiated exit
- Mental health priority
- Job already lined up
- Want to control narrative
- Company culture too toxic to navigate

**Pros**:
- Control your narrative
- Leave on your terms
- Preserve reference potential
- Protect mental health
- No termination on record

**Cons**:
- No severance
- May complicate EI eligibility (voluntary quit has waiting period)
- Gives up potential leverage
- May feel like "letting them win"

**How to Execute**:
- Line up next opportunity first if possible
- Give professional notice
- Brief, professional resignation letter
- Don't burn bridges in exit interview
- Request reference letter before departing

### Option 4: Legal Consultation Path

**Indicators Suggesting Legal Review**:
- Clear protected class pattern
- Retaliation timing
- Documented inconsistent treatment
- Witnesses willing to corroborate
- Company policy violations
- Significant damages (long tenure, high comp)

**What Employment Lawyers Look For (Ontario)**:
- Wrongful dismissal: Termination without adequate notice or just cause
- Human rights violations: Discrimination under Ontario Human Rights Code
- Constructive dismissal: Fundamental breach of employment contract
- Similarly situated comparators treated differently
- Documented pattern of behavior
- Credible witnesses

**Cost/Benefit Reality (Ontario)**:
- Contingency cases available for strong wrongful dismissal claims
- Hourly representation: $300-600 CAD/hour
- Most cases settle, few go to trial
- Process takes 6 months - 2+ years
- Ontario small claims court (up to $35K) allows self-representation
- Superior Court for larger claims

**How to Find Qualified Counsel (Ontario)**:
- Law Society of Ontario Lawyer Referral Service (free 30-min consultation)
- Ontario Bar Association Employment Law Section
- Canadian Association of Labour Lawyers
- Initial consultations often free or nominal fee
- Get 2-3 opinions before deciding

**For US users**: Contact state bar association, NELA (National Employment Law Association), or local employment lawyers.

### Option 5: Parallel Job Search

**Often Combined with Options 1-4**

**Immediate Actions**:
- Update resume (use `/buildresume` if job posting available)
- Activate network discretely
- Set up job alerts
- Consider recruiters
- Clean up LinkedIn (carefully - don't signal distress)

**Job Search While Under Scrutiny**:
- Use personal devices only
- Schedule interviews during PTO or lunch
- Maintain performance (don't check out)
- Prepare explanation for departure
- Build reference list from allies

**Reference Strategy**:
- Identify safe references at current company
- Line up former managers/colleagues
- Consider peers who've left
- Prepare explanation for not using current manager


## Phase 5: Tactical Execution Support

Based on user's chosen strategy, provide specific deliverables:

### 5.1 Response Drafting

If user needs to respond to HR communication:

**Response Principles**:
- Professional, not defensive
- Factual, not emotional
- Document your position without accusations
- Request clarification where appropriate
- Avoid admissions or apologies without necessity
- Create paper trail for your perspective

**Template Elements**:
```
RESPONSE FRAMEWORK
==================

1. Acknowledge receipt
2. Express commitment to success
3. Request clarification on specific points (in writing)
4. Provide factual context (without defensiveness)
5. Propose next steps
6. Request confirmation of understanding
```

**Generate draft response** customized to specific communication.

### 5.2 PIP Response/Rebuttal

If responding to PIP:

**Do**:
- Acknowledge the process professionally
- Seek clarification on vague goals
- Request specific success metrics
- Document your commitment in writing
- Propose reasonable modifications
- Request support/resources needed

**Don't**:
- Sign acknowledgment of facts you dispute
- Agree to impossible timelines
- Make emotional statements
- Admit fault unnecessarily
- Refuse to engage

**Generate PIP response** addressing specific concerns.

### 5.3 Meeting Preparation

For upcoming HR/manager meetings:

**Pre-Meeting Preparation**:
```
MEETING PREP CHECKLIST
======================

LOGISTICS:
- [ ] Request meeting agenda in advance
- [ ] Confirm attendees
- [ ] Know your rights (can you bring support person?)
- [ ] Prepare your key talking points (max 3)
- [ ] Identify questions you need answered
- [ ] Decide what you will/won't discuss

BOUNDARIES:
- [ ] What will you agree to?
- [ ] What won't you agree to?
- [ ] What requires time to consider?
- [ ] When will you request things in writing?

DOCUMENTATION:
- [ ] Send follow-up email summarizing discussion
- [ ] Note any commitments made
- [ ] Flag any disagreements
```

**Talking Points** for specific meeting scenario.

### 5.4 Exit Negotiation Support

If pursuing negotiated exit:

**Severance Negotiation Script**:
```
OPENING APPROACH:
"I appreciate the opportunity to discuss transition options. I'd like to explore a mutual separation that works for both parties."

LEVERAGE POINTS TO RAISE (if applicable):
- "[Specific concern] could create complications. A clean separation benefits everyone."
- "Given my [tenure/contributions], I'd expect the package to reflect that."
- "I'm prepared to ensure a smooth transition, but the terms need to make sense."

ASK SPECIFICALLY FOR:
1. [Severance amount/formula]
2. [Benefits continuation]
3. [Reference letter with specific language]
4. [Characterization of departure]
5. [Timeline flexibility]

IF THEY PUSH BACK:
"I understand. I'd like to think this over before making any decisions. Can we schedule a follow-up for [date]?"
```

**Generate customized negotiation approach** based on situation.

### 5.5 Documentation Strategy Going Forward

**What to Document**:
- All meetings (send follow-up emails)
- Verbal conversations (contemporaneous notes)
- Assignments and deadlines
- Performance accomplishments
- Any concerning statements or behavior

**How to Document**:
- BCC personal email when appropriate
- Contemporaneous notes (same day, dated)
- Save to personal device/cloud
- Screenshot relevant communications
- Keep personal files separate from work

**Legal Hold Awareness**:
- Don't delete work documents if litigation possible
- Don't take confidential company information
- Personal notes about your situation are yours
- Communications about your employment are yours


## Phase 6: Job Search Transition

If pivoting to job search, integrate with existing JobOps tools:

### 6.1 Gap Narrative Development

Help user prepare explanation for departure:

**Framework for Explaining Departure**:
```
SITUATION: "[Brief, neutral description of circumstances]"
ACTIONS: "[What you did/are doing]"
RESULT: "[Seeking better fit/new opportunity]"
```

**Sample Narratives** (customize to situation):
- "The role evolved in a direction that wasn't the right fit for my skills."
- "New leadership brought different priorities, and I'm looking for better alignment."
- "I'm seeking an organization where I can have more impact."
- "It was time for a new challenge after [X years]."

**What NOT to Say**:
- Detailed grievances
- Emotional language
- Blame
- Confidential company information

### 6.2 Reference Strategy

**Safe References**:
- Former managers (from previous roles)
- Former colleagues (now at other companies)
- Current colleagues (who would keep confidence)
- Clients or partners (if appropriate)
- Skip-level managers (carefully)

**Managing the Current Employer Reference**:
- Confirm what HR will disclose (often just dates/title)
- Offer references that know your work
- Prepare to address if asked directly

### 6.3 Resume and Application Support

If user wants to transition to job search:
- Use `/buildresume <job-posting>` to create targeted resume
- Use `/assessjob <job-posting>` to evaluate fit
- Use `/briefing <assessment> <job-description>` for interview prep


## Phase 7: Output Deliverables

### 7.1 Situation Assessment Report

Save comprehensive analysis to: `{config.directories.crisis_management}/code_red_{YYYYMMDD}.md`

Structure:
```markdown
# Employment Crisis Assessment Report
## Candidate: [Name]
## Date: [Date]
## Status: [PIP/Investigation/Conflict/etc.]


## Executive Summary
[2-3 sentence summary of situation and recommended path]


## Document Inventory
[Table of analyzed documents]

## Timeline of Events
[Chronological events]

## Key Players
[Stakeholder analysis]

## Power Dynamics Assessment
[Leverage analysis for both parties]

## Risk Assessment
[Risk matrix]

## Strategic Options Analysis
[Options with pros/cons/probability]

## Recommended Path
[Primary recommendation with rationale]

## Immediate Action Items
[Prioritized next steps with deadlines]


## Appendix
### Interview Notes
[Summary of user responses]

### Document Analysis Details
[Detailed findings from each document]
```

### 7.2 Response Documents (as requested)

- HR communication replies
- PIP response/rebuttal
- Meeting preparation notes
- Exit negotiation talking points
- Reference request letter

Save each to: `{config.directories.crisis_management}/code_red_{YYYYMMDD}.md` (same file as the assessment; append a distinct section per response document).

### 7.3 Action Plan

Create prioritized action plan:

```markdown
# Code Red Action Plan
## Situation: [Brief description]
## Recommended Strategy: [Chosen option]


## IMMEDIATE (24-48 hours)
- [ ] [Action] - Deadline: [Date]
- [ ] [Action] - Deadline: [Date]

## THIS WEEK
- [ ] [Action] - Deadline: [Date]
- [ ] [Action] - Deadline: [Date]

## NEXT 30 DAYS
- [ ] [Action] - Deadline: [Date]
- [ ] [Action] - Deadline: [Date]

## DECISION POINTS
- [Date]: [Decision required]
- [Date]: [Decision required]

## TRIGGERS TO ESCALATE
- If [condition], then [action]
- If [condition], then [action]
```


## Tone Guidelines

Throughout this process, maintain:

- **Empathetic but realistic**: Acknowledge the stress while providing honest assessment
- **Strategic not emotional**: Help separate feelings from tactics
- **Empowering**: Focus on what the candidate CAN control
- **Non-judgmental**: Regardless of how the situation arose, focus on best path forward
- **Urgent but measured**: Respect timelines without creating panic
- **Confidential**: Remind about documentation and communication security


## Error Handling

**If insufficient documents provided**:
- Conduct interview-only assessment
- Note limitations in analysis
- Recommend specific documents to gather

**If situation requires legal expertise**:
- Clearly recommend employment attorney consultation
- Provide guidance on finding qualified counsel
- Continue supporting non-legal strategy elements

**If user is in immediate crisis**:
- Prioritize immediate action items
- Focus on stabilization before comprehensive analysis
- Provide quick-reference guidance for urgent situations


## Session Start

Begin by:
1. Reading any provided documents (`$1` if specified)
2. Delivering the disclaimers
3. Starting the structured interview (Phase 2)
4. Proceeding through analysis and recommendations

If `--mode` specified, focus on that aspect:
- `assess`: Full process (default)
- `respond`: Jump to response drafting (requires document context)
- `plan`: Jump to meeting/deadline preparation
- `exit`: Focus on exit strategy and job transition


Now executing Code Red assessment...