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Questions and Recording Standards for Workplace Harassment Witness Interviews
2026.08.12 09:35
Workplace Harassment · Witness Interview Guide
Workplace harassment witness interview,
Distinguish between facts and speculation when asking questions and recording them.
The questions and recording standards for witness interviews regarding workplace harassment are items that investigators must organize to verify the facts. A witness interview is not a procedure to confirm the position of the complainant or the accused on their behalf, but rather a process of verifying the facts directly seen or heard by the witness and recording them in the investigation.
short answer
Ask questions based on the facts the witness directly experienced or perceived.
The core flow is as follows: explanation of the purpose of the interview → explanation of confidentiality → verification of directly perceived facts → restriction of speculative or evaluative questions → verification of the gist of the statement → record storage and access control management → additional verification if necessary.
🕒 When will it be applied?
Standards for questions and records regarding witness interviews for workplace harassment are required in the following situations.
Witness interviews are a procedure designed to enhance the fairness of an investigation, but inappropriate interviewing methods can lead to secondary harm or the spread of rumors. Therefore, it is advisable to define the scope of questions and the recording method before the investigation begins.
🧭 What HR & Investigation Managers Should Do
STEP 01
We will first explain the purpose of the interview and the confidentiality standards.
Since the witness is neither the complainant nor the accused, they may feel burdened by why they are being interviewed. It is advisable to explain the purpose of the interview and the standards of confidentiality before starting the interview.
Today's meeting is a procedure to objectively verify the facts regarding the workplace harassment report. This is not an occasion to assign blame to the witness, but rather to confirm what was directly seen or heard. We kindly ask that you refrain from unnecessarily sharing the details of the meeting or information related to the investigation.
Explaining too much case information to a witness may reveal the direction of the investigation or influence their statement. It is advisable to guide them on the purpose of the interview only to the extent necessary.
STEP 02
Questions are structured based on directly perceived facts.
It is better to ask witnesses “what they saw or heard” rather than “what they think.” The investigator must review the entire set of materials to make a judgment, and the witness should not be allowed to determine whether or not it constitutes harassment.
It is best to start with open-ended questions to avoid leading to a conclusion all at once, and then proceed with clarification questions if necessary.
STEP 03
I avoid questions that speculate, evaluate, or take sides.
The most important thing to avoid during witness interviews is prompting the witness to evaluate the person involved. Such questions lower the credibility of the statement and can lead to a deterioration of the relationship or the spread of rumors after the investigation.
Even when a witness says, “In my opinion…”, it is advisable for the investigator to record facts and opinions separately, rather than unconditionally excluding the opinion.
STEP 04
It allows the witness to say they do not know what they do not know.
A witness may not be aware of the entire situation. They may have seen only a part of it or be unaware of the full context. In such cases, it is important to guide the witness so that they do not fill in the blanks based on speculation.
It is okay to say that you do not know about matters you do not remember or have not seen firsthand. It is more helpful for the investigation if you only provide information you have personally verified, rather than speculation.
If you record things by mixing what you witnessed firsthand, what you heard, and speculation, it may become difficult to determine the facts later.
STEP 05
Interview records are kept based on facts.
When recording witness interviews, it is better to structure the information necessary for the investigation rather than writing it in as much detail as possible. However, if the record is written too briefly, it is difficult to verify later what questions were asked and what answers were received.
It is best to write based on facts rather than emotional evaluations or assertions. It is appropriate to record information centered on verifiable details, such as specific statements, actions, and frequency, rather than stating, “The witness said the accused is very bad.”
STEP 06
Restricts access to interview schedules and records.
Rumors about witness interviews can spread simply by the exposure of the schedule. It is advisable to avoid displaying schedule names that reveal the investigation on public calendars or sharing interview schedules in department group chats.
Since witness interview records may contain third-party statements and personal information, access rights must be managed to ensure they are not retained even after the investigation is concluded.
STEP 07
We will check whether witness protection is provided after the interview.
Witnesses may feel burdened after the interview, worrying, "Will it become known that I cooperated with the investigation?" or "Will I face difficulties within the department?" Therefore, it is advisable to verify, if necessary, that there is no disadvantage or pressure even after the interview.
Although witness protection may not have the same structure as whistleblower protection, it may be necessary for the purpose of managing the situation to ensure that no disadvantages or pressure arise from cooperating with the investigation.
📋 Management Sheet Example
The table below is an example of internal management guidelines that can be used to organize questions and record-keeping standards for witness interviews regarding workplace harassment. The actual items should be adjusted to suit your company's employment rules, grievance handling procedures, personal information protection standards, and investigation methods.
✅ Checklist
The checklist below is for internal inspection purposes to verify that question and recording standards have been applied without omission during workplace harassment witness interviews.
especially Information on the purpose of the interview, confidentiality notice, confirmation of directly known facts, restriction of access to records is a basic verification item. Among all items If 3 or more are insufficient It is recommended to review investigation procedures, confidentiality standards, witness protection, and record management methods.
⚠️ Common mistakes
POINT 01
Explaining the entire case in detail to a witness
If you provide more information than the witness needs to know, the direction of the investigation may be exposed or the statement may be influenced.
POINT 02
Requesting a judgment from a witness
Rather than asking questions like, “Do you think this is harassment?” or “Who do you think is right?”, it is better to verify the facts the witness directly saw and heard.
POINT 03
Recording a witness's conjecture as if it were a fact
You must distinguish between what you witnessed firsthand, what you heard secondhand, what you estimated, and what you cannot remember.
POINT 04
Exposing the interview schedule as is on a public calendar
Since the fact of an investigation can spread simply through the event name, it is recommended to use a neutral event name and set it to private.
POINT 05
Widely sharing witness records with department heads or parties involved
Witness statements must be managed only to the extent necessary for the purpose of the investigation, and the purpose of coordinating work and the purpose of sharing statements must be distinguished.
POINT 06
Leaving the witness as they are after the interview
Since a witness may be pressured if the fact of their participation in an interview becomes known or if the party inquires about the details of their statement, follow-up verification may be necessary if required.
💬 When EAP support is needed
Witness interviews regarding workplace harassment are not an area that can be replaced by an EAP. Witness questioning, verification of facts, recording of statements, assessment of investigation results, protective measures, and follow-up personnel actions must be conducted in accordance with the company's official investigation procedures and legal standards.
However, the witness may feel burdened by participating in the interview, or may report anxiety, sleep problems, difficulty concentrating on work, or relationship tension after witnessing the incident. In such cases, the witness may be referred to an EAP as a supplementary channel.
If participating in witness interviews during a workplace harassment investigation causes psychological burden, anxiety, or relationship difficulties, you may utilize the EAP counseling channel. EAP does not replace the workplace harassment investigation or official company measures; it is a supplementary channel designed to support employees' psychological well-being.
If an immediate safety risk is suspected, do not respond solely with general EAP guidance; instead, you must first identify the company's internal crisis response procedures and appropriate emergency support channels.
🔗 Related Posts
❓ Frequently Asked Questions
Q1. To what extent should I explain the details of the report to the witness?
It is advisable to explain only the scope necessary for the witness to state the facts. Sharing the entire structure of the case or the statements of others in detail may expose the direction of the investigation or influence the witness's statement.
Q2. What should I do if a witness refuses an interview?
Rather than proceeding with the interview coercively, it is advisable to reiterate the purpose of the interview, confidentiality standards, and principles for preventing disadvantage, and to request cooperation in a manner that is feasible. If participation is difficult until the end, you can record the history of the interview request and the reason for non-participation, and review whether the facts can be supplemented with other materials or witnesses.
Q3. May I ask the witness whether it appeared to be harassment?
It is best to avoid this if possible. The investigator must comprehensively review the full facts, legal standards, and company regulations to determine whether harassment has occurred. For witnesses, it is appropriate to ask about remarks, actions, situations, and the context they directly witnessed or heard.
Q4. Is it permissible to share the witness's statement with the complainant or the accused?
It may be necessary to verify facts and provide opportunities for clarification to the extent required by the investigation procedure. However, care must be taken to ensure that the identities of witnesses, original statements, and unnecessary personal information are not shared verbatim. It is advisable to review the scope of sharing based on the specific case and procedure.
Q5. How detailed should the records of witness interviews be?
It is advisable to record the date and time of the interview, attendees, prior notice, main points of questions and answers, how you learned of the situation, submitted materials, and any additional verification items. However, it is safer to avoid excessively recording personal information, health details, speculative evaluations, or emotional expressions regarding the person concerned beyond the necessary scope.
Q6. Can witnesses also use EAP counseling?
Depending on the scope of EAP operations, reference persons may also utilize counseling. If a reference person experiences anxiety, burden, or relationship difficulties due to participation in the investigation, they may be referred to EAP counseling as a supplementary channel. However, it is recommended to manage counseling content separately from the investigation data.
🎯 Three things to check first
Next step
The interview with the witness is
Please organize the questions and record standards first.
Please organize the questions and record standards first.
Try organizing everything from what to ask and what to record to who can view the records into a single interview operation standard.
Go to Nudge EAP Implementation Consultation →📚 Source and Information
• National Law Information Center, Article 76-2 of the Labor Standards Act: Prohibition of Workplace Harassment
• National Law Information Center, Measures under Article 76-3 of the Labor Standards Act in Case of Workplace Harassment
• National Law Information Center, Interpretation regarding the prohibition of disclosure of secrets under Article 76-3, Paragraph 7 of the Labor Standards Act
• Ministry of Employment and Labor, Workplace Harassment Judgment and Prevention/Response Manual
• National Law Information Center, Articles 15, 16, 17, and 18 of the Personal Information Protection Act
• National Law Information Center, Article 21 of the Personal Information Protection Act, Destruction of Personal Information
• Korea Labor Welfare Network, Introduction to the Employee Assistance Program (EAP)
• National Law Information Center, Measures under Article 76-3 of the Labor Standards Act in Case of Workplace Harassment
• National Law Information Center, Interpretation regarding the prohibition of disclosure of secrets under Article 76-3, Paragraph 7 of the Labor Standards Act
• Ministry of Employment and Labor, Workplace Harassment Judgment and Prevention/Response Manual
• National Law Information Center, Articles 15, 16, 17, and 18 of the Personal Information Protection Act
• National Law Information Center, Article 21 of the Personal Information Protection Act, Destruction of Personal Information
• Korea Labor Welfare Network, Introduction to the Employee Assistance Program (EAP)
This content is intended for general informational purposes. Specific legal matters, labor issues, investigation procedures, personal data protection, record keeping, mental health, and psychological counseling matters may vary depending on the workplace situation, the latest laws, and official guidelines; therefore, review by relevant experts or authorities may be required.
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