If you are a seasoned investigator, you are likely accustomed to interviewing adult witnesses (if not, read our Introduction to Interviewing Techniques blog here). You may have interviewed hundreds of witnesses, and you know just how to craft relevant questions, establish rapport, assess credibility, identify deceptive behaviors, and get right down to the facts. It can be tempting to approach and interview minors relying on the same methodology you would with an adult witness. [Read more…]

The hardest investigation to conduct is one without a complaint. Though difficult, it is not uncommon. Many times, parties and witnesses are unwilling to come forward, so all employers have to go on are gossip and rumors. However, do not confuse the lack of a complaint with a lack of a responsibility to investigate. To do so would be to potentially commit a very costly mistake. [Read more…]

You are the head of Human Resources and you receive a complaint of sexual harassment from an employee. To whom do you assign the investigation? Do you handle it in-house or bring in an external investigator? Your answers to these questions set the tone for the entire investigation. Choosing the right investigator from the start can help save hundreds of thousands of dollars in litigation costs to defend the adequacy of the investigation in later stages. Accordingly, it is a question which deserves consideration. [Read more…]

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…]