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Interviewing a Witness in an Internal Investigation


Interviewing a Witness in an Internal Investigation

13 instructions for the witness that smooth the way for a fair and productive interview

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In response to a question from one of our readers, Maura McGrath, on how to interview a witness in an internal investigation, Meric Bloch, VP, Compliance and Special Investigations at Addecco, and author of several books on workplace investigations, has shared a set of instructions to read to the witness at the beginning of the investigation interview.

Using the following wording will ensure you cover the necessary points clearly and you can be confident that the witness understands the purpose and scope of the interview.

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Witness Instructions

  1. This is a formal company investigation. It is important that you tell me the truth. Employees are terminated if they lie during an investigation. You can also explain "bad" facts but you can never explain a lie.
  2. Everything is on the record. Please don't tell me something that you think I can keep between us. I may have to take action on anything you tell me.
  3. I will make my questions simple and straightforward. If you don't understand a question, please don't answer it. Instead, ask me to rephrase if for you.
  4. I am interested in what you know from you own personal knowledge. If you learned of something from someone else, please tell me that as well as the person who told you.
  5. I presume that everyone is innocent. If they aren't, the facts will show it. There is no need for me to presume otherwise.
  6. Everything we say in this room should be kept confidential. You are not the only one I am interviewing. I do not want them to be influenced by what we discussed.
  7. The company has a zero tolerance for retaliation against anyone who cooperates in an investigation. If anyone makes you feel uncomfortable for having spoken with me, please tell me right away.
  8. Don't be a detective. If I need you to follow up on any of the issues we discuss, I will ask you. Otherwise, please leave it to me.
  9. [isight-ad]Keep all records you may have regarding the subject I am investigating.
  10. It is okay to correct information. If you later realize that something needs to be corrected, or you remember something you had forgotten earlier, let me know.
  11. You have the opportunity to give me a written statement. Some people prefer to also explain things in their own words. You can email it to me if you wish.
  12. You can ask me questions. If I can, I will answer them. If I can't, I will explain why.
  13. Sometimes I have to ask people questions that make them feel uncomfortable. If I ask you a question that you may think is intrusive or not something people should normally inquire about, please know that I am asking it only because I believe it would have some bearing on the investigation.

Clarifying the logistics of the interview up front opens the door for better dialogue, more honest discussion and fewer misunderstandings. A witness who feels fully informed about the process and his or her role in it is likely to be less suspicious and more forthcoming with information.