PUERTO RICO Law and Practice Contributed by: Jorge C Pizarro-García, José R González-Nogueras, Karla Rivera-Rubio and Lloyd Isgut-Rivera, Pizarro & González
8.5 Multi-Jurisdictional HR Internal Investigations
appropriately to workplace harassment and discrimi - nation complaints. 8.4 Criminal Cases There is no specific statutory procedure that employ - ers must follow when handling allegations that involve potential criminal conduct. However, employers do have a general duty to maintain a safe and healthy workplace free from foreseeable risks, violence and hazards. This duty flows from occupational safety principles, Puerto Rico’s Constitution and administra - tive regulations under PR OSHA. As a result, criminal allegations require employers to consider reporting the matter to the Puerto Rico Police and taking addi - tional steps to protect employees. If formal criminal charges are filed, employers are expected to co-operate with law enforcement, but they still retain responsibility for determining appro - priate workplace action, which may include discipli - nary measures or termination, based on the evidence available.
Employers are free to conduct multi-jurisdictional investigations but must localise their methods to avoid violating procedural norms unique to each jurisdiction. While Puerto Rico imposes no special procedures or prohibitions on foreign employers conducting inves - tigations in the jurisdiction, they must respect local rights to privacy and human dignity, including limits on data collection and preserving confidentiality. Puerto Rico employers conducting investigations abroad must likewise comply with the foreign jurisdic - tion’s rules, which may include specific notice obliga - tions to employees, prescribe particular investigative steps, grant employees additional rights during inter - views, or restrict how evidence may be collected or used. Key considerations include co-ordinating with local HR teams, managing cultural and language dif - ferences, and ensuring that investigative steps taken in one jurisdiction do not create liability under another.
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