HR Investigation Questions: Conducting Effective Interviews

Employers launch HR investigations to address workplace problems like harassment or discrimination complaints, retaliation reports, safety hazards, misuse of company property, and conflicts that disrupt operations. HR interviews serve as the central tool for collecting evidence to establish what happened, who was involved, and what action the employer should take.

Lawyers and regulators sometimes review HR investigations, and interview processes in particular, when an internal dispute escalates into a legal claim or a regulatory complaint. In those reviews, outside parties tend to focus on whether interviews were conducted consistently and whether the testimony gathered supports the conclusions. Employers who ask focused questions during HR interviews keep the conversation on track and gather precise answers that support defensible findings.

I Just Want the Example Questions

How Questions Strengthen the Investigation Process

The strength of any investigation depends on the quality of the questions asked during interviews. Each question has the potential to draw out details that can shape the course and the outcome of the investigation.

Interviewers who ask precise questions can keep answers focused on one point at a time and prevent drawn-out narratives that include details that aren’t important.

Instead of saying “Tell me what happened,” which produces a long story without structure, a precise question would be:

• “What time did the meeting start?”

• “Who else was in the room when the comment was made?”

When each interview begins with the same targeted questions, multiple accounts of the same events can be compared to show where they align, where they conflict, and where information is missing.

As the interview process progresses, follow-up questions should be adjusted to reflect each person’s position in the investigation.

For example:

• A reporting employee might be asked, “What did your supervisor say during the meeting, and how did you interpret what she said?”

• The supervisor might be asked, “What do you recall saying during the meeting, and what did you intend to communicate?”

• A witness might be asked, “What did you hear your supervisor say during the meeting, and how did others in the room react?”

Preparing Before the First Interview

Strong interviews start with preparation. An investigator who walks in without context risks missing the chance to ask questions that uncover key facts and guide the direction of the investigation.

Review Existing Documentation

Investigators should collect company records like emails, schedules, personnel files, and security logs before conducting interviews. Reviewing these records in advance gives the interviewer a clear picture of the facts that have already been established, as well as what still needs to be clarified. Preparation at this level prevents interviewees from steering the conversation and allows the interviewer to challenge answers that conflict with the record. For example, if security logs show that only two employees accessed the warehouse on the night of the alleged theft, the interviewer can ask each of them to explain why they were there.

Identify the Policies at Issue

Before interviews begin, the investigator needs to identify the specific company policies that the complaint implicates. Linking questions to written rules keeps the interview focused and shows that the process is based on established standards. For example, if an employee reports unsafe conditions, the interviewer can ask how the situation fits with the company’s safety policy and whether prescribed safety procedures were ignored.

Consider Legal and Regulatory Requirements

In some investigations, the employer is not the only party gathering facts. Complaints alleging harassment, discrimination, retaliation, or workplace safety can trigger action from agencies like the EEOC or OSHA. Regulators usually begin by requesting the employer’s investigation file, and if the records do not provide enough detail, they can conduct their own interviews or inspections. Employers should identify the legal requirements that apply to each type of complaint and shape their questions around those standards. Doing so positions them to provide outside regulators a complete file that discourages further inquiry, and to defend their decisions if they are accused of wrongdoing.

Questions for the Reporting Party

Establishing the Baseline Account

The reporting employee is the one who raised the concern prompting the investigation, so their interview marks the starting point of the fact-gathering process. The interviewer needs to capture what the reporting employee says happened, when it occurred, where it took place, and who was involved. The employee’s answers provide the first outline of a timeline that can later be compared to other evidence.

Moving From General to Specific

Once the employee has described the basics of what prompted their report, the interviewer should ask more targeted questions to pin down the surrounding details. Employees usually start with vague statements. If an employee says, “He was disrespectful,” the interviewer should ask, “What exactly did he say to you?” If the employee says, “I felt unsafe,”the interviewer should ask, “What did the other person do that made you feel that way?” Questions framed this way yield specific information that can be verified later.

Questions for the Accused Employee

Initial Account and Allegation Responses

The accused employee is the person named in the complaint, and their interview provides the first opportunity to hear their version of events. The interviewer should begin by asking the accused employee to give a complete account of the event in their own words. Once that narrative is on record, the interviewer should move through each allegation in the complaint and ask the employee to respond directly.

Instead of accepting a general denial, the interviewer can ask: “The complaint says you made a comment during the staff meeting. What exactly did you say in that meeting?” or “The complaint states you touched a coworker’s shoulder. Describe any physical contact that occurred in that room.”Questions framed in this way make it harder for the employee to give vague or avoidant answers.

Post-Incident Actions

The employee should also be asked about how they reacted after the event. Strong questions include: “When the meeting ended, what did you do immediately afterward?” or “Who did you speak with about the situation later that day?”Answers to questions about immediate actions can lead investigators to new witnesses, new documents, and insights into how seriously the employee took the issue at the time.

Supporting Evidence and Witnesses

The interviewer should then ask the employee to identify supporting evidence and witnesses. Direct questions like “What documents or messages show your version of events?” and “Which coworkers can confirm what you have described?” tie the employee to specific sources that can either support or weaken their position.

Questions for Witnesses

Witness interviews add value to an investigation because they provide perspectives beyond those of the reporting employee and the accused employee. Both the reporting employee and the accused employee have an interest in persuading the interviewer to accept their version of events. Witnesses, on the other hand, usually do not have a direct stake in the outcome of the investigation, which can make their accounts of events more objective. Their testimony can confirm details, expose contradictions, or reveal information that neither the reporting employee nor the accused employee mentioned in their interviews.

Establishing What the Witness Directly Observed

Interviewers should limit their questions to inquiries only about what they personally saw or heard. Questions like “What did you see happen during the meeting?” or “What exactly did you hear said in the meeting?” keep the testimony tied to first-hand knowledge instead of speculation or rumor. Answers that drift into “I heard someone say…” are not credible and should be redirected back to what the witness directly observed.

Confirming Time, Place, and People Present

Interviewers should press witnesses to anchor their account of the events in time and location. Direct questions like “Where were you when this occurred?” and “Who else was in the room at that moment?” accomplish this well. When answers place the witness in context, it is easier for investigators map the event and identify additional employees who may need to be interviewed.

Clarifying Witness Reactions and Follow-Up

Interviewers should ask witnesses how they directly observed people react during or after the event. Questions like “How did the room respond after the comment was made?” or “Did anyone speak to you afterward about what they saw?” can show how the event was perceived within the workplace and reveal new leads investigators can pursue.

Assessing Witness Credibility

Interviewers should explore how closely a witness knows the people involved. A question like “How well do you know each of them?” can reveal personal ties that affect reliability. Another way to probe is to ask “Do you work directly with either person on a daily basis?” Answers to questions like these help the employer judge how much trust to place in the witness’s account.

Special Scenarios That Need Tailored Questions

Interviewers need to move beyond boilerplate questions when the setting or the people involved create circumstances outside the ordinary.

Remote or Hybrid Work Disputes

Disputes in remote or hybrid settings leave behind different types of evidence than in-person interactions. The interviewer should ask which platform the event occurred on, whether the interaction took place via video, chat, or email, and if any system logs or recordings captured the event. For example, if an employee alleges that they were harassed in a group chat, the interviewer can ask, “Who was in the chat, and can you provide a copy of the messages?”

Power Dynamics Between Manager and Employee

When an employee files a complaint against a manager, the interviewer should explore whether the employee tolerated the behavior and waited to report the behavior because of the manager’s authority. Questions like, “Did you feel you had to go along with it because you were worried about your job?” or “Were you concerned that speaking up might affect your assignments or opportunities?” help uncover how fear of retaliation shaped the situation. For example, if a manager is accused of making repeated personal comments, asking, “Did you feel you had to laugh along or stay quiet because of their position?” shows whether the power imbalance influenced the employee’s response.

Cultural or Language Barriers

Investigations can be more complex when the parties to a event being investigated speak different languages or come from different cultural backgrounds. Interviewers should ask what language was used during the interaction at issue, whether the reporting employee needed translation at that time, and whether an interpreter was present. They should also ask whether cultural norms influenced how the employee responded to the event. For example, an interviewer might ask, “Did you fully understand the words used during that meeting?” or “Did cultural expectations make it difficult for you to respond in the moment?”

Multiple Parties Involved

Investigations are harder to manage when more than one employee is accused or when several employees report the same event. Each person may describe the event differently, which creates contradictions that the interviewer has to resolve. Witnesses may describe what “the group” did instead of naming individual actions, which makes it difficult to determine responsibility. If employees are interviewed together, one person’s answers can shape what others say, so each person needs to be interviewed separately.

Post-Interview Questions and Follow-Up

Interviews should end with questions that give the employee a chance to raise information the interviewer did not ask about. Ending this way helps prevent claims later that the interviewer ignored important details. Asking open-ended questions at the end of an interview protects the interviewer from accusations that they intentionally avoided certain topics or limited the employee’s chance to be heard.

Final Open-Ended Question

The interviewer should never end an interview without asking if the employee being interviewed has more to share. A question like, “Is there anything I didn’t ask that you think I should know?” gives the employee an opportunity to share details that may have been overlooked or that the employee was hesitant to raise earlier. An open-ended question could also produce leads that are not necessarily reliable, but could guide the investigator to reliable evidence or additional witnesses.

Confirming Accuracy of Notes

Interviewers need to confirm that their notes reflect what the employee intended to say. A direct approach is to ask, “I’ve recorded that you said X. Is that accurate?” When interviewers confirm the accuracy of their notes at the end of the interview, it strengthens the record and lessens the likelihood of disputes based on misunderstandings.

Keeping the Door Open

Interviewers should always explain the next steps of the investigation process and confirm the employee’s availability for a follow-up interview, if needed. Questions like, “Can I reach back out if clarification is needed?” or “Will you be available if more questions come up?” show that the investigation is ongoing and that the employee may be expected to cooperate again.

Ethical and Legal Considerations in Questioning

The questions that interviewers ask need to demonstrate a balance between gathering reliable information and avoiding risk exposure for the company. Questions that are poorly framed can expose employers to retaliation claims, violate state and federal employment laws, and weaken the credibility of the investigation as a whole.

Preventing Retaliation

Interviewers should make it clear at the beginning of each interview that no one will be punished for taking part in the investigation, and should confirm that employees feel safe sharing information. Asking questions like, “Has anyone pressured you not to speak?” or “Has anyone threatened you because of your report?” demonstrates that the employer is taking steps to protect them.

Violating Employment Laws

Harassment, discrimination, retaliation, and safety complaints are governed by federal and state statutes, and agencies like the EEOC and OSHA can demand to see investigation records. If the involved agency finds that the file lacks basic facts, it may conclude that the employer mishandled the complaint and impose fines or sanctions. To avoid that outcome, interviewers should capture the specific words used, the date and location of the conduct, and the names of witnesses, because those are the details regulators review first. For example, if an employee reports unsafe machinery, the interviewer should ask, “When did you notice the hazard, who else saw it, and who did you report it to?” That line of questioning creates a record OSHA can review without reopening the case.

Weakening the Investigation’s Credibility

When interviewers ask questions that are biased or unprofessional, the integrity of the entire investigation is at stake. Questions that are unrelated to the complaint and inquire about an employee's private life including their medical conditions, family responsibilities, or religious practices distract from the facts and give outside parties a reason to doubt the credibility of the investigation process.

For example, if an employee reports harassment at a company event, the interviewer might be tempted to ask, “Were you drinking at the event?” At first glance the question may appear relevant, but if alcohol use is not part of the complaint, it diverts attention from the reported behavior and places undue blame on the employee. Keeping questions anchored to the complaint preserves the employer's credibility and produces a defensible record.

Building a Defensible Investigation File

A strong investigation isn’t just about asking the right questions; it’s also about documenting answers and producing a file that can withstand outside scrutiny. Every note, transcript, and supporting document needs to show how the investigators reached the conclusions.

Documenting Every Allegation

Investigators need to record each allegation raised in the complaint and show how interviewers addressed it. The notes should include the allegation, the questions the interviewer asked about it, and the employee’s answers. For example, if a complaint lists three separate allegations of harassment, the file should contain a clear question-and-answer record for each one, not just a general note that “harassment was discussed.”

Using Neutral and Fact-Based Language

Investigators need to document what employees said without adding their own opinions or interpretations. Interviewers should write down direct quotes whenever possible instead of summarizing. For example, writing “Employee stated: ‘My manager told me I was lazy in front of the team’” preserves the allegation as reported. Writing “Employee appeared upset because her manager embarrassed her” weakens the file because it blends observation with opinion.

Connecting Testimony to Evidence

Investigators need to link what employees say in interviews to other pieces of evidence that either confirm or challenge those statements. When an employee reports a safety hazard, the file should include photos or maintenance reports from the same time period. When interviewers connect testimony to evidence, it demonstrates that they tested the accuracy of statements, instead of recording them without verification.

Call Conn Maciel Carey

Interviews are the centerpiece of any workplace investigation, and the value of the entire process depends on the questions asked. Conn Maciel Carey works with employers to design and conduct interviews that uncover facts, avoid missteps, and create records that stand up under review. Call (202) 715-6244 to speak with our national labor and employment group about strengthening your investigations and protecting your organization.

HR Investigation Interview Example Questions

General Interview Questions

• “What time did the meeting start?”

• “Who else was in the room when the comment was made?”

Reporting Employee Questions

Establishing the Baseline Account

• “What did your supervisor say during the meeting, and how did you interpret what she said?”

Moving From General to Specific

• “What exactly did he say to you?”

• “What did the other person do that made you feel that way?”

Accused Employee Questions

Initial Account and Allegation Responses

• “The complaint says you made a comment during the staff meeting. What exactly did you say in that meeting?”

• “The complaint states you touched a coworker’s shoulder. Describe any physical contact that occurred in that room.”

Post-Incident Actions

• “When the meeting ended, what did you do immediately afterward?”

• “Who did you speak with about the situation later that day?”

Supporting Evidence and Witnesses

• “What documents or messages show your version of events?”

• “Which coworkers can confirm what you have described?”

Witness Questions

Establishing What the Witness Directly Observed

• “What did you see happen during the meeting?”

• “What exactly did you hear said in the meeting?”

Confirming Time, Place, and People Present

• “Where were you when this occurred?”

• “Who else was in the room at that moment?”

Clarifying Witness Reactions and Follow-Up

• “How did the room respond after the comment was made?”

• “Did anyone speak to you afterward about what they saw?”

Assessing Witness Credibility

• “How well do you know each of them?”

• “Do you work directly with either person on a daily basis?”

Tailored Scenario Questions

Remote or Hybrid Work Disputes

• “Who was in the chat, and can you provide a copy of the messages?”

Power Dynamics Between Manager and Employee

• “Did you feel you had to go along with it because you were worried about your job?”

• “Were you concerned that speaking up might affect your assignments or opportunities?”

• “Did you feel you had to laugh along or stay quiet because of their position?”

Cultural or Language Barriers

• “Did you fully understand the words used during that meeting?”

• “Did cultural expectations make it difficult for you to respond in the moment?”

Multiple Parties Involved

• “What did you personally see each person do?”

Post-Interview and Follow-Up Questions

Final Open-Ended Question

• “Is there anything I didn’t ask that you think I should know?”

Confirming Accuracy of Notes

• “I’ve recorded that you said X. Is that accurate?”

Keeping the Door Open

• “Can I reach back out if clarification is needed?”

• “Will you be available if more questions come up?”

Legal and Regulatory Questions

Preventing Retaliation

• “Has anyone pressured you not to speak?”

• “Has anyone threatened you because of your report?”

Violating Employment Laws

• “When did you notice the hazard, who else saw it, and who did you report it to?”

Weakening the Investigation’s Credibility

• “What exactly was said in the meeting, and who else heard it?”

This article is for informational purposes only and does not constitute legal advice. While we strive to ensure accuracy, laws and regulations may change, and unintended errors may occur. This content may not address every aspect of the relevant legal requirements. For guidance on your specific situation, consult your attorney.