PUERTO RICO Law and Practice Contributed by: Jorge C Pizarro-García, José R González-Nogueras, Karla Rivera-Rubio and Lloyd Isgut-Rivera, Pizarro & González
6.2 Procedure for Ending an HR Internal Investigation There is no formal legal procedure for closing an inter - nal investigation. In practice, employers document the final determination and inform the reporter and respondent of the general outcome, either orally or in writing. When disciplinary or corrective action will be taken, the communication is typically provided in writ - ing, but doing so is not required. If an investigation is abandoned, the employer usually documents the rea - sons for closure for its internal records and preserves all materials gathered up to that point. 6.3 Conclusion Puerto Rico law does not require a specific format for the conclusion of an internal investigation. Writ - ten reports are standard practice, especially when the allegations involve conduct that may lead to discipli - nary action or termination or could result in litigation. 6.4 Reports Puerto Rico law does not require a specific format for the conclusion of an internal investigation. However, a written report or similar documentation is widely con - sidered best practice, particularly when the allegations involve conduct that may lead to disciplinary action or termination or could result in litigation. Document - ing the findings in writing helps preserve the record so that the employer can apply progressively more severe action if future incidents arise and can support its position in any subsequent litigation. 6.5 Information The parties do not have a right to access the investi - gation file or the written report. The employer gener - ally provides the reporter and respondent with a sum - mary of the outcome, not the full report. Access to documents may be required later in litigation through formal discovery, but not during the internal process itself unless company policy grants such access. Unionised workplaces may allow access to internal investigations depending on the collective bargaining agreement or union requests. 6.6 Communications to Authorities Employers are not generally required to report the conclusions of an internal investigation to the authori - ties. However, when the underlying conduct appears
warranted, to ensure a safe, harassment-free working environment for the reporter, as well as for the other employee. The employer’s decision must be based on the findings of its investigation, which includes the individuals interviewed and the documents evaluated. If the internal claim leads to litigation, the plaintiff bears the burden of proof. However, as to the rea - sonableness of the investigation, the burden of proof ultimately rests with the employer, which must be able to demonstrate that its actions were supported by objective facts and were not arbitrary. The applicable evidentiary standard in related litigation is the prepon - derance of the evidence, meaning it must be more likely than not that the conduct occurred. In claims of unjust dismissal and retaliation, employees bear the initial burden, such as showing protected activity and adverse action, but the employer must then prove legitimate reasons for the adverse action. Courts gen - erally may defer to an employer’s business judgement when the investigation was well-documented and timely. 6. Conclusion and Outcome of an HR Internal Investigation 6.1 Deciding to End an HR Internal Investigation Puerto Rico has no statute that specifies when an internal HR investigation must be formally ended. However, laws such as Act 90-2020 (workplace har - assment) and Act 17-1988 (sexual harassment) require employers to adopt internal protocols that include investigation steps and conclusions. These obliga - tions create an expectation that employers complete investigations within a reasonable period and gather sufficient information to reach a defensible outcome. If an employer closes an investigation prematurely without interviewing key witnesses, reviewing relevant evidence or issuing a conclusion, courts and adminis - trative agencies may treat the process as inadequate, which can expose the employer to liability for failing to act diligently or knowing of unlawful conduct without taking proper action.
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