Interviewing Witnesses in a Harassment Investigation
// Dallas, Texas, United States // Attorney Keith Clouse // Keith Clouse
Dallas employer lawyer Keith Clouse—who frequently advises employers on personnel matters—recommends that an employer consider the following guidelines when interviewing witnesses in internal harassment investigations.
If possible, an employer should assign two employees to conduct witness interviews. Doing so can protect the company should the lead interviewer leave the company or become unavailable to testify later. The interviewers should ask witnesses to tell the facts they know from firsthand experiences (not information they learned from the involved parties or through office rumors). To the extent possible, the interviewers should keep the allegations confidential and should ask general questions that would allow a witness with relevant information the chance to share it.
Detailed notes should be taken during the interviews. The notes should identify when they were made, who drafted them, who was present at the meeting, and how long the meeting lasted. The drafter should review the notes for accuracy and to make sure there are no inconsistencies. Post-interview, the interviewer should review the notes with the witness to confirm their accuracy and, if possible, get the witness to sign and date the notes indicating the writing’s accuracy. As always, involving legal counsel early-on in the process can ensure that documentation related to the investigation is drafted correctly and in a format suitable for use in court.
This article is presented by the Dallas employment attorneys at Clouse Dunn LLP. To speak to an employment lawyer about employee relations, send an email to debra@clousedunn.com or call (214) 239-2705.
Contact Keith Clouse
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.2722 214.220.3833 ( fax) keith@clousedunn.com
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