HOW TO CONDUCT WITNESS INTERVIEWS

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HOW TO CONDUCT WITNESS INTERVIEWS

• Getting to the Truth
• Tools and Tips

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LEARNING OBJECTIVES

• Tips on Conducting Interviews
• Proper Questioning Techniques
• Dealing With Reluctant and Hostile Witnesses
• Focusing on the Facts
• Essentials of Proper Documentation

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TAKING THE COMPLAINT

• Lets listen in on this scenario about the right
  way to take a complaint.
• The Essential Guide to Workplace Investigations
  How to Handle Employee Complaints and
  Problems Guerin, Lisa, 1st Edition, 2007 NOLO,
  SHRM, CD

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GET STARTED RIGHT AWAY

• Delay is most common problem and potentially the
  most costly.
• Postponing investigation sends the message that
  the county does not take the complaint seriously.

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GET STARTED RIGHT AWAY

• If delay is unavoidable document your reason
  for the delay and include in your investigation
  report.

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CONDUCTING THE INTERVIEW

• Determine the sequence of the interviews.
• Complainant
• Accused
• Witnesses
• Identify the appropriate location for the
  interviews.
• Develop your list of questions.

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INTERVIEWING TECHNIQUES

• Lets listen in on these scenarios about the
  right way to interview the complainant and the
  accused.
• The Essential Guide to Workplace Investigations
  How to Handle Employee Complaints and
  Problems Guerin, Lisa, 1st Edition, 2007 NOLO,
  SHRM, CD

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CONDUCTING THE INTERVIEW

• To tape record or not?
• Employer vs Employee
• What about representation?
• Start with easy questions.

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CONDUCTING THE INTERVIEW

• Ask open ended questions.
• Remember to look at body language.

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INTERVIEW QUESTIONING

• AVOID USE
• - Loaded - Open Ended
• Questions Questions
• - Accusatory - Who, What, Where,
• Questions When How
• - Leading - Specific Questions
• Questions - Follow-Up Questions

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INTERVIEW QUESTIONING

• Remember behavioral baseline questions.
• - What is your position here?
• - How long have you worked here?
• - What are your main job duties?

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INTERVIEW QUESTIONING

• Ask specific questions to get specific answers.
• - What exactly did you see before
• you entered the room?
• - What did he say to you?
• - How did you respond to her?
• - Did anyone else see this?

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INTERVIEW QUESTIONING

• Develop the facts and a timeline.
• - Exactly what happened?
• - When did it happen?
• - Where did it happen?
• - Who was present?
• - Who else has relevant information?
• - How did it happen?

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INTERVIEW QUESTIONING

• Periodically summarize and review.
• - I heard you say is that accurate.
• - Can you please explain what you meant by
  ?

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DEALING WITH RELUCTANT WITNESS

• Reasons for reluctance may be
• - Fear of peer pressure
• - Fear of retaliation
• - Fear of corrective action
• - Fear or distrust of you
• - Need to hide truth through deception
• - Sabotage process for own gain

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DEALING WITH RELUCTANT WITNESS

• Establish if witness has been coached.
• Put witness at ease.
• Discuss retaliation and
• witness protection.
• Use empathy.
• - I understand this is difficult.
• - I sense youre reluctant, may I ask why?

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RELUCTANT WITNESS EXERCISE

• RELUCTANT RACHEL EXERCISE
• Rachel saw what happened yesterday when a
  fistfight broke out in the records department
  between two co-workers, but she has not breathed
  a word to anyone. One person was hurt. She is
  good friends with them both. Her supervisor just
  called her into a meeting with two investigators
  and she is not happy. She is determined not to
  get involved!

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DEALING WITH HOSTILE WITNESS

• The accused maybe hostile
• - Establish a non-confrontational
• environment and explain your neutrality.
  
• - Always have two investigators in the room
  with the accused no exceptions!

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DEALING WITH HOSTILE WITNESS

• The accused maybe hostile
• - Develop a rapport at the beginning of the
• interview.
• - Choose a neutral location as far
• away from other employees to
• avoid playing the audience.

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DEALING WITH HOSTILE WITNESS

• Strategy to deal with hostile witness
• - Use their name, authoritatively, to grab
• their attention.
• - Use empathy
• We realize this is very uncomfortable for
  you it is in your best interest to
  cooperate.

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DEALING WITH HOSTILE WITNESS

• Strategy to deal with hostile witness
• - Never engage in an argument, but be firm.
• - Explain absence of testimony will create
• a negative impression.

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HOSTILE WITNESS EXERCISE

• HOSTILE HENRY EXERCISE
• Henry has worked for the County 10 years. He has
  been described as self-assured. He has a
  reputation of being a troublemaker. He files
  lots of grievances. He makes his negative
  opinions known to all who listen. He also enjoys
  pushing people to the limit. He is a witness but
  not the accused in an investigation. Henry saw
  what happened, but hes mad.

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FOCUS ON THE FACTS

• Remember be objective and keep your opinions to
  yourself.
• Dig deeper if an employees reaction seems odd.

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FOCUS ON THE FACTS

• Remember Drag Net? When an employee is off track
  bring them back to
• Just the FACTS.
• If witnesses are giving conflicting statements
  ask them why others might disagree with them.

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FOCUS ON THE FACTS

• NEVER RETALIATE

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ESSENTIAL DOCUMENTATIONINTERVIEW NOTES

• Record the results
• - Make sure notes are legible,
• accurate and free from scribbles.
• - Sign and date your hand
• written notes.

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ESSENTIAL DOCUMENTATIONINTERVIEW NOTES

• Prepare interview notes
• - Create a typewritten summary
• and have the witness sign it.
• - Include only factual, relevant
• information, discard hearsay!
• - Include Names, date, time, location.

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QUESTIONS
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HOW TO CONDUCT WITNESS INTERVIEWS

• Getting to the Truth
• Tools and Tips