Question

When the investigation discloses that there is insufficient evidence to sustain the complaint or fully exonerate the employee, what should be the next step?

1) Terminate the employee
2) Issue a warning to the employee
3) Continue the investigation
4) Drop the complaint

Answer 1

If an investigation yields insufficient evidence, the most just course of action is to continue the investigation until sufficient evidence is gathered to make a conclusive decision.

Step-by-step explanation:

When an investigation does not yield enough evidence to either sustain a complaint or to completely exonerate an employee, the most appropriate next step would typically be to continue the investigation. Immediate termination or issuing a warning may be unjust if the evidence is not conclusive, and dropping the complaint could neglect potential issues that require attention. A thorough investigation is critical to maintain fairness, fulfill procedural justice, and ensure that any decision is based on solid evidence.

It is important to exhaust all possible avenues to gather additional information that may clarify the situation. This might involve reviewing documents, conducting additional interviews, or consulting with legal or human resources experts. The goal would be to reach a conclusion that is supported by a preponderance of evidence.