Witness Interviews: Strategies for Nervous, Hostile, and Evasive Individuals
Witness interviews are critical to workplace investigations, yet they often present unique challenges. Nervous, hostile, or evasive witnesses can make it difficult to gather information. However, with the right strategies, investigators can navigate these challenges while maintaining professionalism and objectivity.
This blog will explore practical techniques for dealing with nervous, hostile, and evasive witnesses to increase the likelihood of gathering all the necessary and relevant information during witness interviews.
This blog will explore practical techniques for dealing with nervous, hostile, and evasive witnesses to increase the likelihood of gathering all the necessary and relevant information during witness interviews.
1. Handling Nervous or Reluctant Witnesses
The Challenge: Nervous witnesses may be reluctant to answer questions for various reasons, including the fear of retaliation, the interview’s effects on workplace dynamics, or anxiety over saying the wrong thing.
Solutions:
- Build Trust: Begin by establishing rapport. Introduce yourself and your role. Create a comfortable and safe environment by starting with easy, open-ended questions like, “How long have you been with the company?” Acknowledge that interviews can be stressful and empathize with the interviewee.
- Reassure Confidentiality: While you can’t promise complete secrecy, emphasize that the process is impartial, and their responses will be handled carefully.
- Use a Friendly but Professional Tone: Avoid being overly casual or robotic, as it might appear insincere or overly rehearsed. Maintain a neutral, calm, and respectful tone and focus on actively listening to the interviewees’ responses.
2. Dealing with Hostile or Combative Witnesses
The Challenge: Hostile witnesses may argue, refuse to cooperate, or challenge your authority.
Solutions:
- Stay Calm: Maintain your composure even if the witness becomes argumentative. Respond with professionalism rather than reacting emotionally. By remaining calm despite the interviewee’s conduct, you can more easily redirect the focus to the facts of the investigation without having to explain or defend your authority.
- Assert Authority Politely: If necessary, be ready to confidently and clearly articulate your role and the authority for the interview. Employers are entitled to draw adverse inferences against an employee who fails to participate in an investigation or declines to provide a straightforward answer.
- Stick to Your Plan: Follow your list of questions but remain flexible enough to adjust if the witness’s hostility escalates.
3. Redirecting the Evasive or Rambling Witnesses
The Challenge: Evasive witnesses may provide vague responses, avoid answering directly, or steer the conversation off-topic.
Solutions:
- Ask Follow-Up Questions: Gently redirect them with phrases like, “Let’s go back to the original question. Can you clarify what you meant by…? How does that response pertain to…?”
- Call Out Evasion Neutrally: If avoidance is a continuing issue in an interview, address it without judgment. Phrases like, “I am not sure I understand your response. Can you answer my question in a different way?” can illicit a different response.
- Repeat and Reframe: If needed, repeat the question using different phrasing to help the witness understand its importance. Do not be afraid to repeat a question or return to the same topic until you receive an answer.
Conclusion
You can ensure a productive interview process by tailoring your approach to nervous, hostile, or evasive individuals. Each witness type requires specific strategies, but professionalism and preparation are the keys to success.
Need help with workplace investigations? Contact A.W. Blan Workplace Legal Services at 916-333-9311 or visit www.workplacelegalservices.com to schedule a consultation.