Services

  • With an increasingly complex puzzle of federal, state and local laws dictating definitions and prevention techniques for workplace harassment and discrimination, coupled with an ever increasing spotlight on these issues in the public eye, it is paramount that employers understand their obligations and take prompt action to avoid costly legal claims.

    I will collaborate with you to determine the best path forward when an internal complaint has been raised, whether the complaint is related to discrimination, harassment, retaliation, bullying, policy violations, or other workplace misconduct.

    For instance, I counsel on the use of an independent investigator or staying in house; the method and scope of the investigation; and any pre-investigation actions you should take.

    I also provide advice and counsel based upon the outcome of any investigation conducted to ensure that workplace issues are properly addressed. Additionally, when it is determined that the facts and circumstances require an independent investigation, I lead independent internal investigations to identify any potential workplace issues.

    My investigations have run the gamut of industries and employee levels, including C-Suite, senior executive, star employees, legal departments, and human resources departments. I have also assisted employers related to OSHA investigations.

    Select Experience:

    • Led multiple internal investigation for hospitals stemming from claims that physicians had engaged in improper behavior with either patients or staff members.

    • Led internal investigation for a nonprofit regarding to race-related claims lodged against executive director.

    • Led internal investigation for a public energy company related to various claims of harassment and breaches of company code of ethics made against legal department.

    • Led internal investigation for a healthcare security company related to various claims of harassment, bullying and retaliation made against various C-suite and board members.

    • Led several internal OSHA investigations for a hospital, successfully closing each out without a fine or further action from OSHA.

  • Prevention is key to avoiding costly employment law claims, and educating employees is key to prevention. Education takes more than just legally compliant policies. I will work with you to train management and employees on how to avoid a legal misstep, and go above and beyond to create a work environment that encourages open communication, conflict resolution, and diversity, equity, inclusion and belonging.

    I have drafted and presented remote and in-person custom trainings for one-on-one coaching, full workforces, human resources and management. These trainings have focused on specific areas of employment law, such as anti-discrimination, anti-harassment, disability accommodations, religious accommodations, and leave laws. I have also trained on management best practices, and to educate on and further DEI&B goals.

    Select Experience:

    • Presented a comprehensive three-hour presentation to a hospital human resources and management team pursuant to an EEOC Consent Decree related to disability accommodations.

    • Drafted a religious accommodations and anti-harassment training for presentation by third-party pursuant to an EEOC Consent Decree.

    • Reviewed and revised New York-specific training for anti-harassment training company.

    • Prepared and conducted several-session one-on-one coaching related to anti-harassment and management best practices for performance management.

    • Prepared one-on-one coaching sessions related to anti-harassment and anti-discrimination and workplace best practices for several high level executives, including attorneys, doctors, and finance professionals.

    • Presented on gender identity, expression, and laws and best practices related thereto.

    • Presented on DEI&B basics, including implicit bias and best practices for avoiding same.

    • Prepared and presented numerous all-company anti-harassment trainings, including to meet New York State and New York City requirements.

  • Pre-planning and preventative actions are critical in complying with and avoiding the pitfalls of employment laws. As such, I partner with in-house legal teams and human resources departments to provide advice and counsel related to all facets of employment law while keeping their long-term business goals and specific workplaces top of mind. Not only does this advice relate to the various federal, state and local statutes, but also to creating a workplace that fosters DEI&B and open dialogue between employees and management.

    In that same vein, I draft compliant policies and necessary employment documents. I work with employers throughout the entire life cycle of employment including drafting a compliant job posting, hiring, drafting an offer letter, performance management, drafting separation agreements, providing reduction in force risk analysis, and, where necessary, navigating an employee’s post-termination demands.

    Select Experience:

    • Liaised with clients to ensure compliance, including by drafting and assisting in implementing policies, and reviewing and editing job postings, offer letters, separation agreements and more.

    • Drafted and designed internal protocols related to leave processes for hospital human resources professionals.

    • Drafted and designed internal protocols for data security company’s internal investigations protocol.

    • Reviewed and revised DEI&B plans.

    • Counseled several employers with respect to termination and restructuring efforts throughout COVID, including the consideration of federal, New Jersey and New York WARN Act compliance and related issues, and the subsequent re-hiring of employees.

    • Counseled employers through implementation and management of performance improvement plans and, where necessary, resulting terminations.

    • Advised on countless accommodation and leave requests.

Amanda Van Hoose Garofalo in Black short sleeve shirt sitting at desk with laptop