Interview and statement templates
Investigation Interview Questions for the Accused Employee
Last updated 2026-08-14
The respondent interview is where procedural fairness is won or lost. The requirement is simple to state and easy to breach: the respondent must be told, in enough detail to answer, what is alleged against them, and given a genuine opportunity to respond to each allegation before any finding is made.
"In enough detail to answer" is the part that goes wrong. Putting "there have been complaints about your conduct towards colleagues" to a respondent is not notice. They cannot meaningfully answer it, and a finding built on that exchange is vulnerable. Each allegation goes to them specifically, with the date and the substance.
Conduct this interview after the complainant and the main witnesses, so the respondent can be put to the complete case rather than a partial one that then has to be revisited.
Jurisdiction
Written primarily against US federal standards — EEOC guidance, NLRB decisions and Title VII case law — and against general investigative practice. State law, sector rules (public employers, education, regulated industries) and collective agreements impose additional requirements this page does not cover. Where a page borrows a concept from another jurisdiction it says so explicitly. Outside the US, treat the structure as transferable and the legal references as not.
Investigation Interview Questions for the Accused Employee template
Free Word download, no email required. Or open it in Professional Drafter — it lands in your template library, ready to draft against.
When to use this document
- After the complainant interview and the principal witness interviews.
- Again, where new allegations emerge that the respondent has not yet had the opportunity to answer.
Worked example
Fictional scenario, continuing the dispatch-team matter. A fragment of the 19 June interview putting Allegation 1 to the respondent, followed by the note entry it produces. The point is the separation the guidance describes but which is hard to picture until you see it written down.
Notice given, and what it contained
Matter RW-2026-038. Interview of S. Whelan, Shift Lead (Dispatch), 19 June 2026, 10:00–11:40, meeting room 2. Present: the investigator, the respondent, and A. Ferreira (colleague, attending as companion).
Notice letter sent 12 June — seven days, not the minimum the policy allows, because the letter runs to two pages of allegations and a companion had to be arranged.
What the letter contained:
— The three allegations, each in the form later put to him, with dates or date ranges.
— That the matter is being investigated under the Respectful Workplace Policy, with section 4.1 and section 4.4 named.
— That no decision has been taken and the investigation determines facts only.
— His right to be accompanied, and that the meeting would be rearranged once if his choice of companion was unavailable.
— The documents I intended to put to him, listed by appendix number, with the message thread at Appendix 4 supplied with the letter.
That last item is the one most often left out, usually on the reasoning that showing the evidence in advance lets the respondent construct an answer. It does. It also means the answer he gives is a considered one rather than a startled one, and an investigation is not improved by surprising people. A finding built on a document the respondent first saw across the table is the finding most likely to be reopened, and the whole of Check 8 in a pre-issue review exists because of it.
What the letter did not contain: the names of the witnesses. He was told what was alleged and shown the documents relied on, which is what fairness requires; who told me is a different question and disclosing it invites exactly the problem that arose separately in matter RW-2026-044.
Putting the allegation — transcript fragment
INV: I'm going to put each allegation to you separately. The first is that between February and May this year you made repeated comments about Ms Okafor's appearance. What's your response to that?
RESP: I mean — I've said she looked nice. That's not a crime.
INV: How many times, roughly?
RESP: Twice? Maybe. It's not something I keep count of.
INV: What did you say on those occasions, as best you recall?
RESP: Something like 'you look nice today'. I say that to people. It's being friendly.
INV: I'm going to show you a message. This is from the thread at Appendix 4, dated 14 March, from your number. It reads 'looking good today, as always'. Do you accept sending that?
RESP: Yes, that's me. Same thing — it's a compliment.
INV: Understood. I'm not asking yet how it was meant. I'm asking what was said. So that's the message on 14 March, plus around two occasions in person.
RESP: About that, yes.
The note entry it produces
Allegation 1 — put in full at 10:14.
ACCEPTED (fact): Sent the message at Appendix 4 dated 14 March. Made comments about the complainant's appearance in person on approximately two further occasions between February and May 2026.
POSITION (not fact): Characterizes all of the above as compliments and as 'being friendly'. Does not accept the comments were unwelcome.
DENIED: The frequency alleged. The complainant describes five occasions; the respondent says approximately two and does not accept more.
These are recorded under three separate headings on purpose. What he did is a fact and it is now established on his own account. Why he says he did it is a position, and it goes to a different question. Collapsing the two into 'respondent says the comments were compliments' would have lost the acceptance, which is the most useful thing the interview produced.
Why this ordering matters
Note that the investigator declined to follow the respondent onto intent — 'I'm not asking yet how it was meant. I'm asking what was said.' Intent is relevant later, to policy analysis and to any disciplinary decision. Taking it here would have let the interview become an argument about whether compliments are acceptable, and the factual acceptance would probably never have been obtained.
Explanation and motive — asked once, and left there
Intent was reached at 11:02, after all three allegations had been put and his factual position on each was recorded.
INV: Earlier you described the comments as being friendly. Can you tell me more about that?
RESP: It's just how the office is. Everyone talks like that. I've never had a complaint in eleven years.
INV: Did anything change in how Ms Okafor responded to those comments, over the period?
RESP: Not that I noticed.
INV: She says she asked you to stop, in early April. What do you say to that?
RESP: She never said that to me. I'd have stopped.
INV: If she had said it, and you had not registered it — is that possible?
RESP: I mean, it's possible. It's a loud room. But I don't think so.
[Recorded exactly as answered. The concession is small and it is real, and it did not need pressing: a fourth version of the same question produces an argument, not evidence.]
I then asked about motive, once:
INV: Is there any reason you can think of why Ms Okafor would raise this if it had not happened?
RESP: I've thought about that. I moved her off the Tuesday route in April, she wasn't happy. But no, honestly, I don't know.
[Checked. The route change is on the April rota and she was not happy about it. I have recorded it and given it no weight: it is thin as a motive for fabricating a complaint, the complainant volunteered the route change herself before he raised it, and the corroboration at Appendix 5 predates the complaint by seven weeks.]
The motive question is asked because a respondent is entitled to give an answer to it, and because occasionally the answer is significant. It is not asked to build a theory. An investigator who leans on it is usually compensating for a weakness elsewhere in the evidence.
Closing, and the note the respondent corrected
INV: Is there anything else you want to tell me about any of this?
RESP: Only that I'd have stopped if she'd said. That's all.
INV: Is there anyone you think I should speak to?
RESP: Tom was in the office most days. And Priya, she's in there all the time.
[Both interviewed. Recording who the respondent nominated matters: had I interviewed only the complainant's witnesses, the report would carry a visible asymmetry regardless of what the accounts said.]
INV: Two things before we finish. This is not a decision — I establish the facts and someone else decides what follows. And nothing should happen to anyone because of this investigation. That applies to the complainant and to the witnesses.
RESP: Understood.
[That warning was given, in those terms, at 11:36 on 19 June. It is recorded here because seven days later a rota change was made that became matter RW-2026-044. The warning did not prevent it. It did establish that he had been told, which was material to that matter and which existed only because it was written down at the time.]
NOTE VERIFICATION: Notes typed 19 June, sent 20 June, returned 24 June with one substantive correction. He had been recorded as saying 'about two' occasions; he asked that this read 'two that I remember, maybe more, I wasn't counting'. Accepted and amended, shown as an amendment with its date.
That correction slightly worsens his position and he made it anyway, which is itself worth having in the file. A note-check that comes back with a change the respondent proposed is evidence the process was real.
Section-by-section guide
What each section is for, what a good one contains, and where they typically go wrong.
1.Interview details and notice given
Record what notice the respondent received and when: the letter, what it said about the subject matter, and how much time they had to prepare. This is the first thing scrutinized if fairness is challenged.
2.Opening script and admonitions
As with the complainant, read it. Cover impartiality, that no finding has been made, that this is their opportunity to respond, confidentiality, and, importantly, a clear non-retaliation instruction, since the respondent is the person most likely to be in a position to retaliate.
3.Background and working relationship
Establish the working relationship, reporting lines and history before reaching the allegations. It gives context and it is easier to obtain candidly before the interview becomes adversarial.
4.Allegations put individually
One allegation at a time, in full, with date and substance. Get their response to each before moving on. Where they accept part of an account but characterize it differently ('I said it, but it was a joke'), record the acceptance and the characterization separately, because the first is a fact and the second is a position.
5.Response to specific evidence
Where documentary evidence exists, such as a message or an email, put it to them directly and record the response. Findings that rest on evidence a respondent was never shown are difficult to defend.
6.Explanation, context and motive
Ask whether they can account for why the complaint was made. This is a fairness step. If there is a motive to fabricate, the respondent is the person most likely to know of it, and the credibility assessment needs the answer.
7.Witnesses and evidence the respondent identifies
Anyone they want interviewed and anything they want considered. If you decline to pursue something, record the request and the reason — an unrecorded refusal looks like an omission.
8.Closing and note verification
Confirm next steps, that they may add information, and record whether the notes were read back or sent for review with any corrections.
Common mistakes
The failure modes that show up most often when this document is reviewed later.
Putting allegations in summary rather than individually
'Concerns about your conduct' is not notice. A respondent who cannot identify what they are answering has not had a genuine opportunity to respond, and the finding inherits that defect.
Interviewing the respondent first
You will be putting a partial case, then have to return with the rest, which looks like shifting allegations and gives an unnecessary opportunity to tailor an account.
Not putting the documentary evidence to them
A finding based on a message the respondent was never shown is straightforwardly unfair and easily attacked.
Omitting the non-retaliation instruction
The respondent typically holds positional power over the complainant. A retaliation claim arising after an interview where no instruction was given is materially worse for the organization.
Questions
- Do I have to show the respondent the evidence before the interview?
- You must give them enough detail to answer the allegations meaningfully, which usually means the substance and the dates. Whether you provide documents in advance or put them during the interview is a judgment call. But a finding that rests on a document the respondent was never shown at all is straightforwardly unfair.
- How much detail must a respondent be given about the allegations?
- Enough to answer them meaningfully — ordinarily the substance of each allegation and when it is said to have occurred. Withholding detail to preserve an element of surprise trades a small investigative advantage for a significant fairness problem.
- Can the respondent bring a union representative?
- In a unionized workplace, yes, if they ask. NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975) gives an employee the right to request union representation at an investigatory interview they reasonably believe may lead to discipline. Three practical points: the employee must invoke it, and you are not obliged to volunteer it; if it is invoked you may proceed with the representative, discontinue the interview, or offer the employee the choice of continuing without one; and the representative is there to assist the employee, not to bargain, though they may seek to clarify facts. Public-sector employees facing questioning that could lead to criminal exposure raise separate Garrity issues — take advice rather than improvising.
- Can a respondent refuse to attend the interview?
- They can decline to participate, though employment policies may make participation an expectation. If they decline, record the invitation, the refusal and any reason, and note in the report that findings were made without their account. Do not treat the refusal itself as evidence of the allegations.
- Should the respondent see the complainant's statement?
- Usually they are given the substance of the allegations rather than the complainant's document itself. Practice varies with policy and jurisdiction; whatever approach is taken should be applied consistently and recorded.
The blank template
Exactly what is in the Word download, so you can see the structure before deciding whether you want it.
Interview details and notice given
Opening script and admonitions
- [No conclusions have been reached and none will be until you have responded]
- [Explicit instruction not to contact or discuss the matter with the complainant or witnesses]
- [Consequences of retaliation, stated plainly]
Background and working relationship
Allegations put individually
- [Allegation as put, verbatim]
- [Response — accepted / denied / accepted with different characterization]
- [Their account of the same event, if different]
- [Witnesses or documents they say support them]
Response to specific evidence
Explanation, context and motive
Witnesses and evidence the respondent identifies
Closing and note verification
Download this template
Free Word download, no email required. Or open it in Professional Drafter — it lands in your template library, ready to draft against.
Sources
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This page is a documentation aid, not legal advice. Workplace investigation requirements vary by jurisdiction, sector and policy, and a template cannot tell you what your matter requires. The worked example describes a fictional scenario.