- Who committed the alleged inappropriate behavior?
- What exactly happened?
- When did the incident occur or is it ongoing?
- Where did the incident occur?
- How did you react?
- Did you ever indicate that you were offended or somehow displeased by the act or offensive treatment?
Investigative Interviewing Tips
Did you show discontent about the actions carried out?
Employers want to see what actions you took during an incident to see if they potentially caused the other person to act in a certain way. Be honest. Remember, that just because you did something to make the other person react, it doesn’t mean their reaction was correct.
Example: “During the incident, I froze as the actions were being carried out. Even when being called into his office, my gut was telling me that this wouldn’t be good based on the tone of his voice. Speaking for myself, I felt hurt and wish for a meaningful resolution to be met.”
What was your reaction to the incident?
This is your opportunity to elaborate on your interaction with the other person or people involved in this incident. Your viewpoint is important to getting the facts right and allocating the correct accountability.
Example: “As noted before, Sheila and I were surprised based on the attitude displayed at our previous meeting last week. We have never seen this behavior before from our manager so we felt hurt by his reaction.”
Who was responsible for the alleged inappropriate behavior?
Being a part of a company means being transparent when explaining workplace events. You’ll want to be deferential to all parties and speak the truth when asked difficult questions about the investigation.
Example: “Our manager is responsible for his unruly behavior in front of our team. We have various meetings with him on a daily and weekly basis, so it was surprising to witness his actions in real-time.”
When and where did you see this incident occur? Was this ongoing?
Management should interview you once they get all the information needed to move forward. Therefore, expect to be prepared to answer interview questions like this one so remember the timeline in which you were a part of this scenario.
Example: “I saw this incident of inappropriate behavior by my manager on August 14, 2019 in my manager’s office. Our team has held meetings in his office before, but this is the first time he acted this way in front of the team.”
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Take your HR investigation interviews beyond the who, what, where, when, why, and how of what happened. Posted by Ann Snook on March 14th, 2022
Not asking the right questions to the right interviewees can be costly to your company.
Recently, a towing company was required to pay a terminated employee nearly $20,000 as part of a wrongful dismissal suit. Witnesses they interviewed during their workplace investigation were key to their termination decision, but the accounts were inconsistent across multiple interviews.
“Where this particular [employer] fell short was in the credibility of the witnesses that were put forward, particularly the witness to the conduct, who was inconsistent,” explains employment lawyer Ted Flett. “I think that proved to be highly problematic, as he was central for allegedly having observed the theft having taken place.”
To make sure you get the most helpful details during your interviews, start by asking the sample HR investigation questions below. Use them as a basis for starting the conversation and covering the basics of what happened, but don’t limit yourself. It’s by asking the probing questions that arise from what’s revealed in the conversation that the whole truth is uncovered.
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It’s important to take the reporter’s complaint seriously, no matter how frivolous or unlikely it may seem. Sometimes the most adored manager turns out to be a harasser, or a loyal employee is secretly stealing from the company.
Another reason to take complaints seriously is to assure the complainant and others that the company will follow up and provide a fair assessment of their concerns, no matter how small. This helps to establish a speak-up culture and increases the chances that people will come forward in the future.
You’ll also reduce your risk of lawsuits and fines by nipping issues in the bud and resolving problems before they have time to escalate.
No matter what type of incident you’re investigating, interview the complainant/reporter/victim first. By doing so, you’ll be able to gather more details about the complaint so you know what exactly you’re investigating.
The reporter can also provide the names of potential witnesses that can help with your investigation, according to SHRM.
In the reporter’s interview, your main aim is to uncover the who, what, where, when, why, and how of the incident. Ask them to provide as many details as possible.
However, don’t push too hard, especially if the reporter is the victim of harassment, discrimination, or another type of mistreatment. They might become overwhelmed or distraught recalling the events.
Read their body language and tone. If they become anxious or start to shut down, offer to take a break or continue another day. Be compassionate without adopting a bias toward the reporter. In addition, direct them to your company’s mental health resources, such as an EAP.
During your interview with the reporter, ask these HR investigation questions:
- What happened? Be as specific as possible.
- What was the date, time, and duration of the incident or behavior?
- How many times did this happen, that you’re aware of?
- Where did it happen?
- How did it happen?
- Did anyone else see it happen? Who? What did they say and/or do in response?
- Was there physical contact? Describe it. Demonstrate it.
- What did you do in response to the incident or behavior?
- What did you say in response to the incident or behavior?
- How did the subject of the allegation react to your response?
- Did you report the incident to your or another manager? Who? When? What they say and/or do?
- Did you tell any other employees about the incident or behavior? Who? What did they say and/or do?
- Do you know whether the subject of the allegation has been involved in any other incidents?
- Do you know why the incident or behavior occurred?
- Do you know anyone else who can shed light on this incident?
- Has this affected you and/or your work? If so, how?
- Do you have any physical evidence of the incident you can share (e.g. emails, notes, etc.)
- How would you like us to address/resolve this situation?
- Is there anything else you want to tell me about the issue?
After questioning the person who filed the complaint, the next step is to interview witnesses.
Witnesses can help to corroborate or refute the reporter’s account of what happened and shed light on some of the details that the reporter may not have been able or willing to furnish.
The most compelling witnesses are, of course, those who actually saw or heard the incident. But witnesses can also be those who heard about the incident from others who witnessed it, those to whom the reporter relayed the incident after the fact, or anyone else the reporter mentions might have extra information about the issue.
If the subject of the complaint was involved in other incidents, especially similar to the one you’re currently investigating, consider interviewing witnesses from those cases as well.
Some witnesses might be hesitant to cooperate. They may want to protect a friend or not want to implicate themselves if they were involved or complacent in the incident.
Assure them that they are safe and that their input is invaluable to your investigation. Emphasize your company’s “no retaliation” policy and promise to keep their account as confidential as possible.
These HR investigation questions can help you gather the most useful information from your witnesses:
- What did you witness? Provide as many details as you can.
- What was the date, time, and duration of the incident or behavior you witnessed?
- Where did it happen?
- Who was involved?
- What did each person do and say?
- Did anyone else see it happen? Who?
- What did you do after witnessing the incident or behavior?
- Did you say anything to the parties involved in response to what you witnessed?
- How did the complainant and the subject of the allegation react to your response?
- Did you report this to anyone in management? To whom? When? What they say and/or do?
- Did you tell any other employees about the incident? Who?
- Do you know why the incident occurred?
- Do you have physical evidence of the incident you can share?
- Do you know anyone else who can shed light on this incident?
- Is there anything else you want to tell me that I haven’t asked you?
Finally, interview the person accused of the incident or behavior. This is potentially the trickiest and most sensitive interview you’ll conduct.
You’ve heard the accounts of everyone else involved in the incident, and it’s difficult to avoid forming an opinion before getting to this crucial interview. But it’s important that you keep an open mind to avoid making assumptions based on what you’ve already heard.
Remember that the purpose of interviewing the subject of the accused employee is simply to find out the truth. You shouldn’t attempt to make any decisions or judgements at this time.
When you inform the subject what they’re being accused of, they could react in a number of troubling ways. They could shut down and refuse to cooperate. They might lash out, becoming verbally or physically violent.
Stay safe and avoid accusations of coercion or wrongful dismissal by having two investigators in the room, if possible. Recording the interview can also help prevent negative consequences. Check this list to see if your state requires the accused to agree to recording or if you can make the decision on your own.
Here’s what to ask the accused person:
- What happened? Provide as many details as possible.
If the subject denies that the incident occurred, ask:
- Is there any reason anyone would invent or lie about the incident?
- Where were you on the date and time the alleged incident occurred?
- Do you have any witnesses who can corroborate your whereabouts at the time of the incident?
If the subject doesn’t deny that the incident occurred, ask:
- When (date and time) and where did this happen?
- What were the circumstances leading up to the incident?
- Was anyone else was involved?
- What is your connection to the complainant?
- Are you aware of any other complaints by this person?
- Recount the dialogue that occurred as best as you can remember.
- What did the complainant do or say?
- Is there any evidence (e.g. emails, notes, messages) to support your account of what happened?
- Is there anyone else we should talk to who had knowledge of the incident or the circumstances surrounding it?
- Have you talked to anyone about the incident? Who? What did you tell them?
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