Preparedness is the foundation of a fair, thorough and neutral workplace investigation. This is especially true when conducting interviews of the parties or witnesses. Forming a good interviewing process will help you move through the investigative process with ease. In this six-part series, our experienced investigators at Van Dermyden Maddux Law Corporation provide an overview of essential interviewing techniques. Consider integrating these steps into your investigative plan when preparing for and conducting interviews.

Participating in an interview about workplace misconduct of your peer – or even someone higher in the food chain than you – is often scary for employees. It is common for a witness to feel uneasy about the process. They undoubtedly feel apprehensive about speaking with you. It is your job to set them at ease. How? Prepare, before you even start the interview. An interview is most productive if you are able to make your interviewee feel comfortable. [Read more…]

As the saying goes, you only get one chance – and only a few seconds – to make a first impression. When it comes to conducting investigative interviews, first impressions often make the difference between effective and ineffective interviews. If you get this wrong, your interview may be doomed even before you ask a single question. [Read more…]

As investigators, there are a number of advisories that we are required to communicate before we begin our interviews. For example, we need to clarify our role as an investigator and fact finder; communicate that the investigation is a sensitive personnel matter; set expectations for future discussions, if any; review policies that prohibit retaliation; and if compliant with NLRB v. Banner Health Systems, outline confidentiality admonitions. [Read more…]

Interviewers often struggle with knowing how to ask the right kinds of questions. An investigative interview is not as formal as a deposition. But it is more formal than a dinner conversation. The magic lies somewhere in the middle. An effective investigator will put the interviewee at ease in order to elicit as much information as possible. The investigator must also maintain professionalism so that the interviewee responds seriously and honestly. [Read more…]

Although an investigative interview is less formal than a deposition or interrogation, it is important to remember that we are still on a fact-finding mission despite the interview’s more conversational nature. Details such as identifiers, dates, times and places are not always important in our daily exchanges with others. In workplace investigations, however, such details are often critical. Practice being an active listener by looking for opportunities where you can use the following questions to help a witness clarify or provide additional details about their statements. [Read more…]

An effective interview will draw out a plethora of information in a limited amount of time. Even the best interviewer, however, sometimes neglects to ask key questions. To make sure you have given the interviewee every reasonable opportunity to share crucial information, give them another opportunity to do so at the very end of an interview. An effective way to do this is to wind down the interview by asking the witness for names of other potential witnesses and for a list of documents that may shed light on the investigation. Also, ask the witness to share anything else they would like about the investigation prior to concluding. [Read more…]