Here is a common scenario faced by human resources professionals: An employee complains about unprofessional and bullying behavior by a coworker. After interviewing the two employees and other workers, the employer cannot corroborate the allegations. However, based on the demeanor of the two employees and past indications of similar behavior, the company believes it more likely than not that the bullying occurred. When the employer meets with the employee who was the subject of the complaints and explains disciplinary measures taken in response, the employee blows up, accusing the company of reaching conclusions without indisputable proof and threatens to take legal action in response.

In most situations, these legal threats are baseless. Absent extraordinary facts, employees cannot sue their employers based on claims that the company reached unsupported or unreasonable conclusions following an internal investigation. In most states, the employment at-will doctrine protects employers from claims relating to the general fairness or competence of such investigations.

Employees dissatisfied with the results of investigations regarding their conduct are generally limited to claims that the investigation was either discriminatory or in retaliation for earlier protected conduct. While an employee cannot sue based solely on the investigation results, they can claim that the process was tainted by discrimination against them due to their membership in a protected classification. Similarly, the employee can claim that the investigation and disciplinary action resulted from internal or external complaints about illegal practices by the company.

In the absence of concerns over discrimination or retaliation, employers can make credibility judgments and reach decisions regarding the validity of complaints without a smoking gun or overwhelming corroborating evidence. While no company wants to make arbitrary or unsupported decisions in response to employee complaints, the fact that the employer could not absolutely confirm the truth of the complaints beyond a reasonable doubt should not prevent the company from using its best judgment to determine what likely occurred, and to take appropriate measures in response.

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