Investigator’s FOMO – The Delicate Balance Between Investigation Scope And Captivating Witness Perspectives

Balance is key.  We often hear that concept applied to many things in life, so it should come as no surprise it also applies to workplace investigations.  Most pertinently, investigators need to manage FOMO – “Fear Of Missing Out.”  While it might not seem obvious that FOMO exists in investigations, I am here to tell you it does. 

Interviewing witnesses is often a vital part of the investigative process.  Understandably, some witnesses are reluctant or fearful to share information about their workplaces.  As an investigator, it is essential to be patient and acknowledge that participating in a workplace investigation can be quite unnerving.  Other witnesses, however, are bursting with information they have wanted to share for weeks, months, or even years about their experiences and observations at work.  Giving witnesses the space to share their perspectives is a crucial part of being a truly neutral investigator.     

When witnesses are willing and eager to share information, and the investigator is asking probing questions, the interview can easily take a turn down the rabbit hole of information.  Witnesses fall into a groove of sharing their experiences and can venture beyond the scope of the investigation.  When witnesses share captivating information that might be outside the scope of the investigation, “Investigator’s FOMO” can kick in.  If the investigator brings the witness back to the scope of the investigation, she may miss out on additional information that is helpful or significant.  At that point, the investigator must balance the act of minding the investigation scope with the fear of missing out.  

This is not an easy balance to achieve.  Sometimes venturing down the rabbit hole leads to information critical to the employer’s understanding of the workplace or information that requires attention and consideration.  Other times, the information ends up being irrelevant to the investigation (as captivating as it might have been).  So, here are some tips for striking an appropriate balance for each investigation: 

  1. Stick To The Plan (Mostly) 

    In advance of witness interviews, draft outlines based on the scope of the investigation and information collected so far.  If the discussion veers far afield of the outline, bring the questioning back to those areas relevant to the scope.  While you want to be flexible and not wholly married to your outline, the act of preparing the outline will help keep your scope firmly in mind.

  2.  Go Down The Rabbit Hole (As Instinct Dictates) 

    Venture down the rabbit hole of information when it feels appropriate to do so.  While my first tip was to stick to the interview outline, it is also important to trust one’s investigative instincts.  Sometimes witnesses just need a forum to vent.  Sometimes witnesses are simply giving context for information.  If a witness is sharing something that could be relevant or could potentially speak to something within the scope, develop it a bit and see where it leads.  Give the witness some latitude to explain the connection to what you are asking about, but be ready with a question to bring the interview back to the scope.    

  3. Consider And Offer The Possibility Of Follow-Up Contact 

    Provide your contact information to the witness before concluding the interview.  It is my practice to make sure witnesses know they can reach out to me with additional information they may recall after the interview.  Letting witnesses know they have access to the investigator following their interview can help lessen their fear of missing out on the opportunity to share.  As an added bonus, knowing that a follow up interview is an email away can help diminish “Investigator’s FOMO” as well. 

The investigators at VM are expert evidence gatherers and analysts – but they also know how to balance the need for promptness and efficiency with the need for a thorough investigation.  Managing Investigator’s FOMO is just one of the many ways our team tailors workplace investigations to meet the needs of decision makers while keeping the accounting department from having a meltdown.

Sarah Tobias

Sarah E. Tobias is an Associate Attorney with Van Dermyden Makus Law Corporation. Her practice focuses on conducting workplace and Title IX campus investigations.

https://www.vmlawcorp.com/sarah-tobias
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