People Infrastructure Diagnostic | HR Architecture Advisory

People Infrastructure Diagnostic

The diagnostic is how you find out before something forces you to.

Every week a company HR exposure builds without anyone seeing it. A contractor relationship that fails the IRS common-law test. A termination handled without the documentation to defend it. A complaint pattern in the manager file that no one has read. The diagnostic is a full forensic assessment of what that exposure looks like right now: before an attorney letter, an agency inquiry, or a jury makes the finding instead.

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Noël Tarquinii SHRM-SCP

What the Diagnostic Is

Not a checklist. Not a vendor review. Not a conversation.

A full forensic assessment of where your HR infrastructure holds and where it does not: conducted by the person who spent 30 years building the systems it is being measured against.

This is what it is

✓
A forensic assessment by an employer-side practitionerNoël has been in the rooms where these decisions get made. She knows what employers look for when a situation escalates. She is assessing your company through the same lens.
✓
A written Exposure Report delivered within 5 business daysEvery gap named specifically. Every risk categorized: what requires immediate action, what can be addressed in the next cycle, what requires ongoing monitoring. The sequence matters.
✓
A working debrief call: not a summaryNoël walks through every finding, answers questions on the record, and states the priority order directly. If the findings do not justify a paid engagement, she says so in the debrief.

This is what it is not

✗
Not this: you already had a vendor review your handbook last year. It passed.That review was done by someone who has never been in the room where your handbook gets used to build a case against you.
✗
Not this: you already use a fractional HR platform.They run the day-to-day. They handle the onboarding checklist. They have never read your termination records through the lens of someone building the employer's position statement.
✗
Not this: you already spoke to an employment attorney. They told you you were probably fine.They reviewed the documentation that exists. They cannot review the documentation that is missing: and missing documentation is what loses cases.

The Six Dimensions

What the diagnostic examines: and what it means if each goes unfound.

Every engagement begins with a structured assessment across six areas of HR risk. Each dimension gets a finding, a risk category, and a priority sequence.

01

Policy Infrastructure

Employee handbooks, at-will language, arbitration clauses, jurisdiction-specific addenda. Whether your written policies are enforceable in the states where your employees actually work.

Found through enforcement: every policy gap becomes evidence. A handbook that cites law for a state where you have no employees, or at-will language that does not hold under current state law, becomes the opposing party's opening argument.
02

Worker Classification

IRS common-law test. ABC test in applicable states. Written agreements, scope limitations, behavioral control. Whether your independent contractors would survive a classification audit.

Worker misclassification triggers IRS penalties of 20% of all wages paid and 100% of FICA taxes. The audit window reaches back 6 years. The IRS penalty ceiling is $1,329,000 per year for small businesses under $5M revenue. The Voluntary Classification Settlement Program reduces exposure to approximately 10% of one year taxes: but only before an inquiry opens. The moment an inquiry opens, the settlement window closes permanently. The Voluntary Classification Settlement Program reduces exposure to approximately 10% of one year's taxes: but only before an inquiry opens.
03

Documentation and Recordkeeping

Personnel file structure, performance records, onboarding documentation, signed policy acknowledgments, I-9 compliance. Whether your documentation holds under adversarial review.

The EEOC received 88,531 private sector charges in FY2024: a 9.2% increase. The EEOC received 88,531 new charges against private sector and state/local government employers in FY2024: a 9.2% increase and the third consecutive year of growth. That is one channel. Add the federal sector: approximately 12,000 to 14,000 formal complaints filed annually across 277+ federal agencies. The Department of Defense alone employs 750,000 civilians and processes hundreds of EEO complaints internally each year: a parallel system entirely separate from the EEOC published count. Add state FEPA charges processed only under state law: estimated 40,000 to 60,000 annually. Add pre-complaint EEO counseling contacts that resolve before a formal charge is ever filed. Total employment discrimination activity across all channels exceeds 300,000 annual filings. The 88,531 EEOC figure is the most visible number. It is not the total. Total employment discrimination activity across all channels exceeds 300,000 annual filings. Documentation that does not exist cannot be produced in discovery. What is missing is what loses cases.
04

Separation and Offboarding

Pre-termination documentation strategy, protected activity review, separation agreement enforceability, consideration requirements by jurisdiction.

The average cost to defend through settlement with private counsel is $200,000. Federal Title VII caps damages at $50,000 to $300,000: back pay and front pay are NOT capped. In states where the damage cap has been removed, the verdict is uncapped. Recent single-plaintiff verdicts: $11.2 million, $32.3 million, $52 million, $103 million, $238 million (later reduced on appeal). The documentation that prevents this has to exist before the termination, not after.
05

Investigation Protocols

Complaint intake process, investigation frameworks, contemporaneous documentation standards, response architecture for EEOC charges and agency inquiries.

Retaliation is the most frequently filed EEOC charge category for the 17th consecutive year: 42,301 charges, 47.8% of all FY2024 charges. The EEOC filed 111 merit lawsuits in FY2024 and achieved a 97% favorable result rate. It costs an employee nothing to file. It costs the employer from the moment the charge arrives. The response architecture has to exist before the complaint, not after.
06

Federal and State Compliance

Multi-state posting requirements, paid sick leave compliance, pay transparency obligations, wage and hour schedule, final pay requirements by jurisdiction.

The EEOC received 88,531 charges from private sector employers in FY2024: a 9.2% increase. The EEOC received 88,531 new charges against private sector and state/local government employers in FY2024: a 9.2% increase and the third consecutive year of growth. That is one channel. Add the federal sector: approximately 12,000 to 14,000 formal complaints filed annually across 277+ federal agencies. The Department of Defense alone employs 750,000 civilians and processes hundreds of EEO complaints internally each year: a parallel system entirely separate from the EEOC published count. Add state FEPA charges processed only under state law: estimated 40,000 to 60,000 annually. Add pre-complaint EEO counseling contacts that resolve before a formal charge is ever filed. Total employment discrimination activity across all channels exceeds 300,000 annual filings. The 88,531 EEOC figure is the most visible number. It is not the total. Total employment discrimination activity across all channels exceeds 300,000 annual filings. DoD alone employs 750,000 civilians and processes EEO complaints through a parallel system entirely separate from the EEOC private sector count. Most compliance gaps are invisible until enforcement arrives.

What the Diagnostic Finds: and What It Means If It Goes Unfound

Found in the diagnostic versus found through enforcement.

The difference is not the finding. The finding exists either way. The difference is the timeline and the cost.

Finding Category
Found in Diagnostic
Found Through Enforcement
Classification
Written framework, reclassification plan, and VCSP filing before any inquiry. Liability reduced to approximately 10% of one year's employment taxes.
IRS audit, six-year lookback, $1.3M penalty ceiling per year. 20% of all wages paid. 100% of FICA taxes. $1,000 per worker per year criminal fine. Up to 1 year in prison per violation. VCSP settlement window permanently closed.
Separation
Pre-termination documentation strategy, protected activity check, enforceable separation agreement. Defense begins from strength.
Wrongful termination claim, $75K to $300K+ defense cost, uncapped verdict in states without a damage ceiling. Recent examples: $11.2M, $32.3M, $103M.
Investigation
Complaint intake process, investigation protocol, contemporaneous documentation. Response architecture in place before the complaint arrives.
EEOC retaliation charge: 42,301 charges in FY2024, 47.8% of all charges, 17th consecutive year as top category. 111 merit lawsuits filed by EEOC in FY2024. No response architecture in place.
Compliance
Multi-state gaps identified and remediated. Compliance calendar built. Agency inquiry responded to with documented remediation already in place.
Agency inquiry or charge arriving before remediation. Out-of-compliance exposure for every month the gap existed. No fine waiver option.

The diagnostic costs $7,500 to $10,000. The enforcement alternative costs $75,000 to $300,000+ before a verdict is read. The math is clear. The only variable is timing.

How It Works

The diagnostic process from intake to debrief.

Every diagnostic follows the same structure. No retainer minimums. No junior staff. No templates. The work is done by Noël directly.

Step 1

Pre-Session Document Review

Before the session begins, Noël reviews every document provided. Handbook. Offer letters. Termination records. Performance documentation. Investigation files. Whatever exists: and whatever is absent: tells the full story before a single question is asked.

Step 2

90-Minute Deep-Dive Session

A structured examination of the decisions already made, the documentation already written, and the exposure already built. Noël has been in the rooms where these decisions get made. She is assessing the company through the same lens that will eventually review it.

Step 3

Written Exposure Report

Every finding named specifically. Every risk categorized: immediate, near-term, ongoing. Specific prioritized action sequence for each finding. Named risks in employer legal language. Delivered within 5 business days of the session.

Step 4

Debrief Call

The debrief call is the moment a founder stops operating from assumption and starts operating from knowledge. Noël has spent 30 minutes inside your company's records. She knows what is there and what is missing. She knows what it looks like to the people who will eventually review it. That is the room you walk out of differently than you walked in.

Timing

$7,500 to $10,000 Flat

$7,500 for under 35 employees, clean records, single jurisdiction. $10,000 for 35 to 100 employees, multi-location, prior incidents, or active complaints. Scope and final price confirmed after intake.

Result

The Report Stands on Its Own

If the findings do not justify a paid engagement, Noël says so directly in the debrief call. No obligation to continue. No sales follow-up unless you initiate it. The value of the diagnostic is the knowledge: not the engagement that might follow it.

“Noël walked through that report like she had been in our company for years. She knew what was missing before I finished explaining the situation. The action sequence she gave us in that call is the reason we have not had a single employment claim in 18 months.”

COO, 78-person healthcare company

What Is Included

Every diagnostic engagement includes:

📄

Pre-Session Document Review

Every document provided reviewed before the session begins. Handbook. Offer letters. Termination records. Performance documentation. Investigation files. Prior complaints. Whatever exists: and whatever is absent: tells the full story before a single question is asked.

🔍

90-Minute Deep-Dive Session

Structured examination of decisions already made, documentation already written, and exposure already built. Conducted with founder, COO, or HR lead. Noël assessing through the same lens that will eventually review it.

📝

Written Exposure Report

Full written Exposure Report. Depth matched to the situation. Every finding categorized by urgency: immediate, near-term, ongoing. Specific prioritized action sequence for each finding. Named risks in employer legal language. Delivered within 5 business days.

📞

30-Minute Debrief Call

A working session, not a summary. Noël walks through every finding, answers questions on the record, and states the priority order directly. If the findings do not justify a paid engagement, she says so. The report stands on its own regardless of what follows.

Investment

$7,500 to $10,000 flat

$7,500 for under 35 employees, clean records, single jurisdiction.
$10,000 for 35 to 100 employees, multi-location, prior incidents, or active complaints.
Scope and final price confirmed after intake.

  • Pre-session document review: every document assessed before the session begins
  • 90-minute deep-dive with founder, COO, or HR lead
  • Full written Exposure Report: depth matched to the situation
  • Every finding categorized by urgency: immediate, near-term, ongoing
  • Specific prioritized action sequence for each finding
  • Named risks in employer legal language
  • 30-minute debrief call: a working session, not a summary
  • Delivered within 5 business days of the session

What the Diagnostic Finds

What the diagnostic finds: and what it means if it goes unfound.

The finding exists either way. The difference is the timeline and what it costs.

Finding Category
Found in Diagnostic
Found Through Enforcement
Classification
A written framework, reclassification plan, and VCSP filing before any inquiry. Liability reduced to approximately 10% of one year employment taxes.
IRS audit, six-year lookback, $1.3M penalty ceiling per year. 20% of all wages paid. 100% of FICA taxes. $1,000 per worker per year criminal fine. Up to 1 year in prison per violation. VCSP settlement window permanently closed.
Separation
Pre-termination documentation strategy, protected activity check, enforceable separation agreement. Defense begins from strength.
Wrongful termination claim. $75K to $300K+ defense cost. Federal cap: $50,000 to $300,000. State no-cap jurisdictions: uncapped. Recent verdicts: $11.2M, $32.3M, $52M, $103M, $238M. Back pay and front pay NOT capped under any track.
Investigation
A complaint intake process, investigation protocol, contemporaneous documentation. Response architecture in place before the complaint arrives.
EEOC retaliation charge: 42,301 charges in FY2024, 47.8% of all charges, 17th consecutive year as top category. 111 merit lawsuits filed by EEOC in FY2024. No response architecture in place.

The diagnostic costs $7,500 to $10,000. The enforcement alternative costs $75,000 to $300,000+ before a verdict is read. The math is clear. The only variable is timing.

Request the Diagnostic

The diagnostic costs nothing to request. What it finds costs more to ignore.

The Exposure Report is delivered within 5 business days. No obligation to continue. No follow-up unless you initiate it. If the findings do not justify a paid engagement, Noël says so directly in the debrief call. The report stands on its own regardless of what follows.

If there is an active situation: a received EEOC charge, a live complaint, a termination requiring immediate strategy: mark it urgent in the contact form. Noël responds same business day for submissions before 3 PM ET. Do not wait for the diagnostic timeline. The record is being built right now. Rush engagement availability discussed on intake.

If the Exposure Report shows a company in a clean position with no material gaps, Noël says so directly in the debrief call. That outcome happens. It is not the common one, but it happens. The report stands on its own regardless of what follows. No obligation to continue. No sales follow-up unless you initiate it. The value of the diagnostic is the knowledge: not the engagement that might follow it.

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Verified Data: Both PDFs Applied

Defense costs: $75,000 to $125,000 through summary judgment. $175,000 to $250,000 through verdict if summary judgment is lost. $300,000+ to trial. Average settlement: $200,000. Back pay and front pay are NOT capped under any track.   Federal Title VII cap: $50,000 to $300,000 depending on employer size. State no-cap jurisdictions: jury decides.   IRS: $1,329,000 penalty ceiling per year. Voluntary Classification Settlement Program reduces exposure to 10% of one year taxes: only before inquiry opens.   EEOC FY2024: 97% favorable result rate. 111 merit lawsuits filed. 88,531 private sector charges (one channel of 300,000+ total). 42,301 retaliation charges: 47.8% of all charges, 17th consecutive year.   2024–2026 verdicts: $900M (CA), $238M (WA, later reduced), $103M (CA), $52M (CA), $32.3M (CA), $20.5M (PA), $11.2M (CA), $3.8M (AL).

Sources: EEOC FY2024 Annual Performance Report · IRS Penalty Schedule · Nakase Law Firm 2024 · Proskauer California Employment Law Update 2024–2026 · Katz Banks Kumin LLP Dec 2024 · DOL Final Rule March 2024 · 42 U.S.C. §1981a

HRArchitectureADVISORY

This is not a law firm. Nothing constitutes legal advice. All engagements in strict confidence.

Noël Tarquinii, SHRM-SCP  ·  Strategic Case Architect  ·  © 2026 HR Architecture Advisory  ·  Sources: EEOC FY2024 APR · IRS Penalty Schedule · Nakase Law Firm 2024 · Proskauer 2024–2026