Can You Really Conduct an Effective Workplace Investigation Remotely? Yes you can, but you must take time to plan.

Although many employees are mainly working remotely, it is critical not to ignore complaints about interpersonal conflict and workplace misconduct simply because they are not physically together in the workplace. With the added stress and anxiety associated with the pandemic, it is more important than ever to respond to concerns about workplace culture before it festers and becomes a more significant problem. 

Remote workplace investigations—once thought to be temporary—will continue as the COVD-19 pandemic continues. While in-person interviews are the most effective tool when conducting workplace investigations, remote investigations can be successful with preparation, creativity, and flexibility.  

6 Tips from the Team at Tribu to Ensure Your Remote Investigation is Thorough, Independent, and Secure.

1. Know Your Technology

By now, most of us are familiar with using Zoom, Microsoft Teams, or Google Meet. Because employers use different platforms, external workplace investigators should become familiar with several of them. Learn how to use the basic controls, such as audio, video, and muting, password protection, and waiting room features to ensure that only the witness and his or her attorney, if any, can enter the videoconference.

If investigators will be using documents as part of the interview, as is usually the case, they should practice using the document-sharing feature of the videoconferencing platform used in the investigation. 

Follow these best practices:

• • Prepare, label, and place documents in electronic folders to keep them organized so that only the intended document is shared. 
  • Use the same exhibit identification number or label to stay organized and to preserve the investigation’s integrity. 
  • Before the interview, close out all other applications so that sensitive information isn’t compromised.

2. Keep It Professional

Before conducting the interview, take note of your own workspace to ensure you’re your workspace and background appears both professional and private. Some platforms have a virtual background feature, but you may need a green screen for your video platform to be able to detect the difference between you and your background. While everyone understands homes have morphed into multiple office spaces and schools, investigators should conduct the interview from a room where no one else present to ensure complete privacy and confidentiality. Eliminate background noise by using noise-cancelling headphones or ear buds and silence other devices. Make sure your device’s Internet connection is stable, particularly if others in the household are online concurrently.

3. Put the Witness at Ease

When scheduling the interview, investigators should inform the witness that:

• • the interview will occur via a video conference;
  • they should block adequate time for the interview; and
  • they should join the videoconference from a private location free from interruptions or distractions.

Connect with Your Witness: During an in-person interview, investigators can readily connect with the witness through a handshake, small talk, offering water or coffee, and checking to make sure the room is comfortable. Remote interviews have eliminated many of these customary niceties. Nevertheless, investigators should take time at the beginning of the videoconference to connect with and build rapport, as they’d do during an in-person interview.

Check-in and Hone-in: As investigators would do in person, “break the ice” over the screen in a positive way. Investigators should make sure the witness has everything they need before beginning the interview and that the technology is working properly. Remind the witness that they can take a break as needed, particularly with added technology-related stress. Investigators should be sensitive and keep an eye out for any signs of fatigue or unrest during the interview.

Privacy is Key: Investigators should assure the witness that they’re speaking from a private location and that they’ll do their best to avoid interruptions. Witnesses likely have found themselves in similar situations. This humanizes the process and may alleviate the witness’ anxiety about potential interruptions.

Investigators should confirm whether the witness is alone and whether the witness is free from distractions. If others are present, ask whether the witness can use headphones or move to a more private location. If investigators have serious concerns about whether they can maintain the investigation’s confidentiality and integrity, consider rescheduling the interview.

4. The Eyes Have It

During an in-person interview, it’s easy to make eye contact with the witness and assess their response. Videoconferences make this more challenging because it’s harder to make direct eye contact between looking at the camera and watching the witness on the screen. Investigators should make sure to tell the witness they will be taking notes and will be looking down from time to time Turn off your cell phone and other devices. Be present and focused, which will further enhance the connection, encourage active listening, and a result in a thorough interview.

5. To Record or Not To Record

Investigators must inform the witness whether or not the interview is being recorded and obtain the witness’ consent to record if required by law. Investigators should confirm the witness is not recording the interview or deny permission for the interview to be recorded and document the agreement. However, if there’s an agreement in place to record, carefully document the understanding about the recording, and include whether and how it will be transmitted to the other party, and for what purposes the recording may be used.

6. Take Your Time

Investigators should take as much time as is necessary. If additional time is needed, let the witness know that the interview may be extended or continued to another day.

At the end of the interview:

• • Thank the witness and review the need to maintain confidentiality and the integrity of the process
  • Answer any questions the witness may have in a transparent manner. 
  • Remind the witness that they may reach out to you after the interview if they have additional information, questions, or concerns.

Preparation, creativity, and flexibility can lay the groundwork for an effective remote witness interview, while maintaining confidentiality and integrity. 

The workplace investigators at Tribu Partners are expert in conducting seamless remote workplace investigations. If you have questions about conducting a remote workplace investigation, or would like more information about the services Tribu provides, contact us today: info@tribupartners.com.