I am an employment agent. Can I pro-rate the amount of fees to be refunded to the employer based on the period of termination within the first six months (e.g., refund 25% of the fees if the MDW is terminated within the first three months)?

No, the EA must refund at least 50% of the service fees paid by the employer if the MDW’s employment is terminated within the first six months of employment and if other refund conditions are met. EAs must not set their own terms for qualifying for service fee refund.