What to do if…
you are asked to be a witness in an internal workplace investigation

What to do now

1. Ask for basic clarity before substantive questions begin.

   • Ask: “Am I currently being interviewed as a witness, or is my own conduct also under review?”
   • Ask for the general topic and time period they want to cover.
   • Ask whether notes or a written statement will be created and whether you can review your own statement for accuracy.

2. Notice if a witness interview starts to change.

   • A union-represented employee covered by the NLRA who is questioned only as a witness about another employee’s conduct is generally not entitled to Weingarten representation.
   • If the questions shift toward your own conduct and you reasonably believe the interview could lead to discipline, say: “If this interview could lead to discipline for me, I request a union representative.”
   • Coverage can depend on the worker and workplace. A union agreement or workplace policy may also provide additional options, so ask your union representative if you are unsure.

3. Ask about practical support without assuming it is guaranteed.

   • Ask whether workplace policy allows a support person, union representative, or neutral observer.
   • If you need a moment to gather accurate dates or calm down, ask whether a short pause or another available time is possible.

4. Make a brief first-hand timeline.

   • Use your calendar and documents you are legitimately allowed to access.
   • Separate what you personally saw, heard, or did from what someone else told you.
   • Note any dates or details you are uncertain about.

5. Keep your answers narrow and factual.

   • Answer the question asked.
   • Ask for clarification if a question is vague.
   • Say “I do not know” or “I do not recall” when that is accurate.
   • Do not guess at motives or repeat rumours as facts.

6. Handle documents carefully.

   • If you think a relevant record exists, note where it is stored and the approximate date.
   • Let the investigator retrieve workplace records through the proper channel.

7. Review any statement before agreeing to it.

   • Ask to correct factual errors, including dates, wording, or missing context.
   • Ask whether you may keep a copy under workplace policy.
   • If you later realise you gave an incorrect fact, send a short factual correction promptly.

8. Keep a private factual note after the meeting.

   • Record the date, time, attendees, general topics, and any follow-up you agreed to.
   • Keep only information you are allowed to retain.
   • If the matter concerns alleged discrimination, including unlawful harassment, answering questions as a witness can be protected activity under federal EEO law. If you notice changes that concern you, such as threats or unexplained changes to duties, schedule, or evaluations, note the dates and consider using an internal reporting channel or seeking specialist advice. Protections in other situations may depend on the facts and applicable law.