Workplace Intelligence Resources

Clear answers before you make the call.

Guides and straight answers on severance, performance plans, investigations, complaints, EEOC charges, and HR risk, written by Noël Tarquinii from 30+ years in executive leadership, the C-suite, and Executive HR. Strategy, not legal advice.

For organizations

The record your company will be judged on.

For founders, CEOs, and leadership teams who want to find HR exposure before a complaint, charge, or lawsuit does.

HR Infrastructure

The HR Infrastructure Your Company Needs Before You Hit 50 Employees

An HR hire or HR software is not the same as HR infrastructure. What a growing company needs in place before 50 employees, and why the record matters.

Read the guide →
HR Infrastructure

After 50 Employees: The Infrastructure Growing Companies Need Next

What growing companies must build between 50 and 250 employees: legal thresholds, a real manager layer, investigations, pay structure, and leadership.

Read the guide →
Claim Prevention

Employment Claim Prevention Is Not an HR Function. It Is an Architecture Problem.

How documentation consistency, complaint intake, investigation protocol, and termination sequencing prevent employment claims and EEOC charges.

Read the guide →
Complaints and Investigations

How to Handle an Employee Complaint When You Do Not Have an HR Department

A six-step process for handling an employee complaint when you have no HR team, and why the first 72 hours decide whether it becomes a retaliation claim.

Read the guide →
EEOC Charges

Your Company Received an EEOC Charge. Here Is What the Next 90 Days Actually Determine.

What to do after your company receives an EEOC charge: the litigation hold, the documentation audit, the position statement, and mediation versus conciliation.

Read the guide →
Performance and Documentation

The Performance Management System That Protects Your Company Is Not the One You Think

Completing reviews is not enough. How consistent, specific, and timely performance documentation protects a company when a termination is challenged.

Read the guide →
Compliance by Headcount

HR Compliance Triggers by Headcount: What Changes at 15, 20, 50, and 100 Employees

The federal employment law thresholds at 1, 15, 20, 50 and 100 employees, the Title VII damage caps, and why state law adds more in every state you hire.

Read the guide →
Investigations

Is Your Investigation File Defensible? A 12-Point Review

A 12-point checklist for internal workplace investigations: neutrality, scope, witnesses, evidence, credibility, conclusions, and retaliation safeguards.

Read the guide →
Executive Separations

Separating a Senior Executive: The Employer's Checklist

An employer's checklist for separating a senior executive: agreements, protected activity, approvals, OWBPA, 409A, clawbacks, and disclosure.

Read the guide →
By the numbers
88,201

New charges of discrimination filed with the EEOC in FY2025.

EEOC, April 2026
$660M

Recovered by the EEOC for 17,680 workers in FY2025.

EEOC, April 2026
47.8%

Of FY2024 EEOC charges alleged retaliation, the most common basis for 17 straight years.

EEOC FY2024 enforcement statistics
Common questions

What people ask most.

Short, direct answers. When your situation needs more than an answer, that is what advisory is for.

For executives and senior leaders

Should I sign a severance agreement right away?

No. Take the time the agreement allows to understand what claims you are releasing, what you receive beyond what you are already owed, and what restrictions follow you. See the 12-point review.

How long do I have to consider a severance agreement?

If you are 40 or older and are releasing age claims, federal law generally gives you 21 days to consider (45 in a group program) and 7 days to revoke after signing. Otherwise the agreement sets the deadline, and extensions are often available if you ask.

Can executive severance be negotiated?

Usually. The company is typically paying for a release of claims and a clean transition, which gives you room to negotiate cash, bonus, equity, benefits, restrictive covenants, and the announcement. See how executives negotiate severance.

What am I giving up when I sign a release?

Usually the right to sue the company over known and unknown claims up to the date you sign. A release generally cannot stop you from filing an EEOC charge or communicating with the SEC, and it does not take away vested benefits.

Is a performance improvement plan a sign I am being fired?

At the senior level it often is, but not always. The specificity of the goals, the resources provided, and the timing relative to anything you raised are the best signals. See PIPs for senior leaders.

Should I resign instead of going through a PIP?

Usually not without a plan. Resigning often forfeits severance and leverage and may affect unemployment eligibility. A negotiated separation or a planned exit is usually the better path.

What should I do if I am being investigated at work?

Stay calm and professional, cooperate truthfully, do not contact the complainant or witnesses about the matter, preserve your own records without taking company data, and keep private notes. If termination or reputational harm is possible, speak with an employment attorney early. See being investigated at work.

Can I be fired for raising a concern at work?

Federal law prohibits retaliation for protected activity such as reporting discrimination or harassment, participating in an investigation, or requesting an accommodation. Outside those protections, most U.S. employment is at will, which is why timing and documentation matter.

What is constructive discharge?

A resignation treated as a termination because working conditions were so intolerable that a reasonable person would feel compelled to quit. It is a high bar, so resigning and relying on it is risky.

Do I need a lawyer or an advisor?

Often both, for different jobs. An employment attorney tells you your legal rights and reviews documents. A strategic advisor helps you read the situation, protect your reputation, and negotiate the business terms of your next move.

For organizations

What should we do first when an employee complains?

Acknowledge it in writing, keep it from the person accused, decide whether it needs a formal investigation, document the process, and hold any decisions about the complaining employee until it is closed. See handling a complaint without HR.

When should we use an outside investigator?

When the complaint involves a senior leader or owner, when no one internal is neutral and trained, when allegations are serious or multiple, or when litigation looks likely.

How do we know if an internal investigation was done well?

Check whether the investigator was neutral and trained, whether the scope matched the allegations, whether relevant witnesses and documents were covered, whether credibility findings are explained, and whether the conclusion follows from the evidence. See the 12-point investigation review.

What do we do when an EEOC charge arrives?

Issue a litigation hold, involve employment counsel, calendar the deadline, and audit the documentation before writing the position statement. See the first 90 days after a charge.

At what size does a company need HR infrastructure?

Before it needs it. Federal anti-discrimination law applies at 15 employees and FMLA at 50, and state law often applies sooner. See compliance by headcount.

What is an HR risk diagnostic?

A structured review of how a company documents performance, handles complaints, runs investigations, and makes terminations, with a written report on where it is exposed and what to fix first. Workplace Intelligence's diagnostic reports in 10 business days.

How do we separate a senior executive without creating risk?

Review the executive's agreements and the record first, check for protected activity, plan the announcement and transition, and offer a separation agreement with appropriate time to review. Involve employment counsel before the conversation. See the employer's checklist.

For unions and professional associations

What are Weingarten rights?

Union-represented employees have the right to request a union representative in an investigatory interview they reasonably believe could lead to discipline. The employee must ask. See Weingarten rights explained.

What is a union's duty of fair representation?

A union must represent all members of the bargaining unit fairly and may not act arbitrarily, discriminatorily, or in bad faith. It does not require the union to take every grievance to arbitration.

How does Workplace Intelligence work with unions?

We prepare members; stewards represent them. Members learn to recognize problems early, document them well, and reach their steward sooner. The Member Access Partnership costs the union nothing. See Unions and Associations.

About Workplace Intelligence

Is Workplace Intelligence a law firm?

No. Workplace Intelligence is a private strategic advisory practice. It does not provide legal advice or representation, and it works alongside your employment counsel when legal questions arise.

What is the difference between Workplace Intelligence and HR Armor?

Workplace Intelligence is Noël Tarquinii's private advisory practice for executives, organizations, and unions and associations. HR Armor is the platform and service line for individual professionals facing workplace issues.

Talk it through

Reading is not the same as knowing where you stand.

Tell Noël what you are facing. Every inquiry is reviewed personally and kept confidential.