During Employee Interviews, the investigator may:
– demand privacy for hourly employee interviews
– take handwritten notes during interviews
– ask to record employee interviews
– ask witnesses to write, review, and sign narrative statements
– ask questions about documents that have been produced
During Employee Interviews, the employer may:
– schedule interviews in advance
– object to impromptu, onsite interviews lasting longer than five minutes (on the grounds that they interfere with business operations)request alternative times and locations for employee interviews if the interview hinders business operations
– prepare all employees for interview
– never retaliate against employees for agreeing to be interviewed or for anything that they say to the Department of Labor during an interview
– participate in management interviews
Prepare all Employees Scheduled for Interviews:
– explain what to expect during the interview
– encourage truthfulness
– avoid coercing or intimidating employees into
– refusing interviews
– providing specific answers
– requesting that a manager be in the interview
– inform employees that the interview is voluntary
– inform employees of their rights
– to have a representative at the interview with them
– not to write out or sign their own statement or investigator notes
– to demand a copy of any written or signed statement
– to examine documents subject to interview questions
– to break at any time for any reason
– offer employees the following interview tips:
– always tell the truth
– be positive and confident
– listen carefully to the question
– ask the investigator to repeat the question if not understood
– answer only the question asked
– give short, concise answers, and wait for the next question
– stick to the facts, and only provide first-hand knowledge
– do not guess
– do not let the investigator put words into your mouth
– answering “I don’t know/ remember” is appropriate if accurate
– remind employees of applicable policies, practices, procedures, and training received
– use records to refresh their memories
– never coach employees on specific responses that they should provide
– for management employees:
– inform managers that their statements, admissions, and knowledge are attributed to you
– have the interview representative take detailed notes
– what is asked
– answers given
– who and which locations, dates, activities, and documents were referenced by the investigator
– the interview representative should speak up for management rights