Short guide
How to interview a witnessin a workplace investigation.
Witness interviews are where most of the facts come from. How you run them determines how much those facts are worth.
Published by Arvanic. Last reviewed .
General information, not legal advice. Investigation obligations vary by jurisdiction, by policy, and by the facts. Consult competent employment counsel about your specific situation. Arvanic is not a law firm.
01
Should witnesses be interviewed separately?
Yes. Interviewing each person on their own lets you hear their account without it being shaped by what someone else said, and makes it easier to see where accounts agree and where they differ. Ask each witness about the same core events so the answers can be compared.
02
What kinds of questions work best?
Open questions that ask what the person saw, heard, or did, followed by specific questions to fill gaps: who was there, when it happened, and what was said. Avoid questions that suggest an answer or reveal what other people have said. A structured set of questions prepared in advance keeps interviews consistent.
03
What should I tell witnesses about confidentiality?
Explain that what they share will go only to those who need it to complete the investigation and act on it. EEOC practice guidance calls for protecting the privacy of witnesses and others involved to the greatest extent possible, consistent with a thorough and impartial investigation, so avoid promising absolute confidentiality.
Source: EEOC.gov
04
Are witnesses protected from retaliation?
Yes. EEOC guidance treats providing information in an employer's internal investigation as protected activity, even when the witness has not complained themselves. Tell witnesses that retaliation is prohibited, and give them a way to report it if it happens.
Source: EEOC.gov
Put it into practice
Knowing the process is one thing. Running it is another.
Arvanic turns this into a guided workflow: role-based interviews, a developing factual record, and a structured report — $79 per investigation, with no subscription.