Can an employer file a criminal complaint if investigating within the workplace?

• A. Yes, and all evidence can be turned over to the police
• B. Yes, but only if you turn the evidence over to a district judge
• C. No, because the investigation did not follow standard police procedures
• D. No, because the investigation was conducted without a warrant

Answer: (A)

Filing a criminal complaint is simply informing law enforcement about a potential crime so they can investigate and prosecute if warranted. An employer who discovers wrongdoing in the workplace can indeed file that complaint with the police, and they may hand over the evidence they collected during the internal investigation. This does not require involving a district judge, nor does it require the internal investigation to have followed police procedures or to have a warrant. The police will decide how to proceed with the evidence, including whether warrants are needed, but the act of reporting and providing evidence can be done by the employer.