The purpose of the investigatory interview is to gather as much information as possible so the employer may decide appropriate disciplinary action, if any, for the employee that violated the employer’s rules and regulations.
The employment contract may dictate the procedure for the investigatory interview, so it is important to know the contract. If you aren’t well prepared, you may not get the information you need to build your case. Below are great ideas about how to prepare for an investigatory interview.
Read Arbitration Awards
Visit the Arbitration Awards page to find awards that have facts similar to your case. Reading arbitration awards will help your team better understand the concept of just cause, appropriate discipline, facts of the case, and contractual provisions important to an arbitrator when writing a decision.
At 1:22 in the video shown below is an example of how researching arbitration awards can be used to support your case.
Before the investigatory interview, your team needs to decide who is going to play what part. Make sure each witness on your team knows the facts of the case and their story so they are prepared to answer questions from the other side.
During the investigatory interview, ask as many detailed questions as possible. Ask about the time, date, and location of the incident. Who was present at the time? Were there any other witnesses? What was said during the incident? Each team member must question a witness during the investigatory interview.
During the Investigatory Interview
During the investigatory interview, each side should have someone typing notes at all times. If both sides agree, recording audio or video of the investigatory interview may be possible. You can never ask enough questions, so speak up! You can even ask witnesses to draw pictures and reenact what happened, so get creative!