Investigative Interviewing: Psychology, Method and Practice

by Ferraro (CPP, SPHR), Eugene

Avengers and Aggressors

  Workplace violence does not occur in a vacuum nor is it spontaneous. The typical workplace aggressor follows a sequence of ever-escalating behavior, called a progression. They typically suffer a traumatic, insoluble (or so they believe) experience and project the blame for it on others. Egocentric and often narcissistic, they believe that everyone is against them and that their needs trump those of others. Unable to resolve personal, interpersonal, and work-related conflicts, these individuals sometimes resolve conflict with aggression and violence. What typically unfolds is a progression of ever-increasing inappropriate behavior. Without the help of an experienced clinician or other qualified professional, it is impossible for the typical organization to psychologically assess an emotionally troubled employee and determine his or her potential dangerousness. However, many workplace aggressors share common behaviors and characteristics. They often relate poorly to people, they strongly believe they are victims, and they are obsessed over their perceived lack of control. Invariably, they also have a history of violence, be it of the domestic form, public, or workplace.

  Some common risk factors include:

  ◾ Few friends or interests outside work

  ◾ Self-esteem depends heavily on the contribution they make at work

  ◾ Strong sense of injustice to oneself, beliefs, or values

  ◾ A history of personal failures and disappointments

  ◾ Externalizes blame, and habitually projects responsibility for undesired outcomes on others

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  ◾ Poor people skills, and has difficulty getting along with co-workers and others

  ◾ Has a history of substance or alcohol abuse

  ◾ History of violence (domestic, public, and at work)

  Motivation for Violence

  We are a culture steeped in violence. We are bombarded by an entertainment

  industry that thrives on violent content. Economically, many of us face the threat of a corporate downsizing, restructuring, or layoff. As a result, many are afraid and feel helpless. Some have chosen to accept less personal responsibility while expecting more from others. Much of our society is cynical and angry. In the meantime, the sanctity of the workplace has been challenged like never before. Those who act on these emotions in inappropriate ways fall into several motivational categories:1

  ◾ Economic: The aggressor believes the target is responsible for the undesirable economic conditions affecting him, his family, or his group.

  ◾ Ideological: Ideologically, the aggressor believes that the target is imperiling principles he or his group considers extremely important.

  ◾ Personal: The aggressor possesses distorted feelings of rage, hate, revenge, jealousy, or love.

  ◾ Psychological: The aggressor is mentally deranged or clinically psychotic—a

  condition often exacerbated by drug or alcohol abuse.

  ◾ Revolutionary: The aggressor obsessively desires to further political beliefs at any cost.

  ◾ Mercenary: The aggressor is motivated by opportunity for financial gain.

  Often he is hired to commit a crime that the avenger does not have the ability

  or courage to commit himself.

  Tip: Contrary to the myth, those who commit workplace violence don’t simply snap without warning. Abundant research has shown that aggressors tend to

  exhibit inappropriate and disruptive behavior prior to committing an act of violence.2 To the observant, this behavior serves as a warning sign and allows time for intervention.

  The visible and incremental escalation of violent behavior, or ramping up, may occur over weeks or even years. During this progression, the aggressor becomes

  increasingly disruptive and dangerous. Unfortunately, experience shows that, once set in motion, rarely does this progression reverse itself or abate without intervention. Even if the individual is terminated, he will often continue to harass and disrupt. In some instances, we have observed that the individual continues the

  progression at his next place of employment, effectively picking up where he had

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  left off. One of the few things that do change upon moving to another job is the identity of the target.

  Intervention

  Intervention is the process of interrupting the escalation of inappropriate behavior while helping the subject regain control of his life. To successfully intervene, management must have the will to redefine boundaries and reaffirm its expectations. Upon recognition of inappropriate or disruptive behavior, management must act immediately and put the individual on notice. If a progression is identified early enough, the first warning is usually verbal. Verbal warnings often suffice to cause behavior changes and halt further misconduct. When such warnings are not

  enough, written warnings should follow. If the progression continues, the aggressor may be referred to the organization’s employee assistance program (EAP) or an outside resource for counseling and to help modify his behavior. Managing performance and behavior is called performance-based management. It provides struc-

  ture to the work environment while at the same time offers the employee choices.

  In extreme circumstances, progressive discipline and professional counseling

  may not be enough. Under these circumstances, termination, temporary restrain-

  ing orders, hospitalization, or prosecution may be the only solutions available.

  These intervention strategies require expertise and resources. The deployment of these requires process and a team approach. This group is often called a threat management team. It might include the following areas or disciplines:3

  ◾ Project management

  ◾ Human resources

  ◾ Security/executive protection

  ◾ Employment/labor law

  ◾ Public law enforcement

  ◾ Clinical psychology/psychiatry

  ◾ Private investigation/fact finder

  ◾ Incident/crisis management

  Each member of the team has a different but important role. Every member

  should be familiar with one another and have a firm understanding of the dynam-

  ics of workplace violence. As such, they should be carefully selected and have the skill and experience to make difficult decisions quickly. Once the members are

  identified, the team should meet and determine basic strategies in the event of an emergency. Later, in situations requiring their attention the team should decide preliminary objectives and begin the planning phase. Safety of the intended target should always be considered first. Protection of property, inventory, and equipment is secondary. When the lack of information makes decision making diffi-

  cult, a comprehensive fact finding effort should be undertaken. One or more team

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  members should be assigned to collect the necessary information. This process may involve discreetly interviewing the target, witnesses, co-workers, supervisors, former employers, or family members.

  A professional background investigation of the aggressor also may be appropri-

  ate. The typical background investigation includes the detailed research and examination of criminal records, civil indices, driver’s history, registration of vehicles and weapon (if possible), all public filings including bankruptcy records, ownership of real estate and, of course, the Internet. Additionally, the aggressor’s personnel file (if available) should be reviewed. Treating physicians, law enforcement officials, and other professionals also can be contacted for additional information whenever possible (assuming waivers are in place). As in all employment situations, however, the privacy of all parties should be respected and carefully considered. To ensure that the balance between need and privacy is adequately struck, the team attorney must be consulted during the entire information gathering process.

  If the instigator or responsible party is known, it is often necessary that he be placed on administra
tive leave with pay while the requisite fact finding takes place.

  In such cases, the employee in question should be interviewed and told that he is not to return to the facility, call the facility, or contact anyone at work, especially the victim, until given permission or instructed to do so. The employee also should be told that a failure to comply with these instructions will be considered insubordination and, in and of itself, such behavior will be punished. The communication might read like this:

  (Insert subject’s name here) as you know, (name of organization) has been

  built on a reputation of treating all employees with respect and dignity.

  Unfortunately, it is believed that your behavior has not been consistent with that reputation or our policy regarding workplace conduct. As such, we

  have no choice but to place you on temporary administrative leave with pay

  pending a review of our concerns. Allow me to stress this point—you are not fired, but you are now placed on temporary administrative leave with pay.

  Also communicate the following:

  We expect to complete our review and investigation of this matter in the

  next several days. We will notify you immediately once we have completed

  our effort. How might we best reach you? In the meantime, we ask that

  you remain at home and do not (1) call work, (2) return to work or visit

  the facility, or (3) contact any employees. However, communications with

  (counsel, the union) or our EAP is permissible. Thank you. Your coopera-

  tion is appreciated.

  Note that the tone is nonaccusatory, yet firm. Already, new boundaries are

  beginning to be established. Do not engage in a discussion of details or in any way

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  defend your decision. Emphasize that the organization is simply following policy for which there are no options. One might communicate: “Under these circumstances,

  our policy requires institution of temporary administrative leave with pay. There is no choice in the matter.” It is helpful to explain that the action is not personal, but simply a matter of policy. Make sure you obtain any organization property the employee may have (such as keys, badges, computer, access and credit cards) before they leave. Depending on the perceived level of threat and the employee’s emotional stability, consider physical security needs. Eliminate the employee’s access to the organization’s computer system and electronic entry to its buildings.

  Upon placement on administrative leave, do not allow the individual to return

  to his locker, desk, or work area under any circumstances. Any personal property should be obtained for the employee. The employee should not be left alone at

  any time. Upon providing any necessary personal effects, the individual should

  be escorted to the front exit and instructed to leave the premises. The individual should be watched until he leaves the property. All building entrances should be secured and the appropriate access control measures should be initiated if not done so already.

  Local law enforcement should be notified and a report filed. This is appropri-

  ate if the individual has behaved inappropriately and made threats. A protective or restraining order might be considered as well. Also, if appropriate, secure the services of a contract security vendor and notify the appropriate parties at your headquarters and the union, if required.

  Dialogue with the workforce is not recommended at this time. Your investi-

  gation is still underway and no final action has been taken. It, therefore, would be inappropriate to communicate information regarding the individual in question. However, dispelling rumors and inaccuracies, and resuming normal business operations is in order. A suggested script for this situation is:

  As many of you know, (insert subject’s name here) has been placed on

  administrative leave. An internal investigation is underway and we are

  working to bring this matter to a swift conclusion. In the meantime, we

  are mandating that no one speculates, theorizes, or, in any way, impedes

  our process. Furthermore, it is unfair to (insert subject’s name here) to talk about him/her and what you have heard has taken place. However, (insert

  subject’s name here) has been instructed not to have any contact with you

  or (this organization). Should he/she contact you or return to the facility, contact immediately. Until this matter is completely resolved, we

  expect every individual to put this issue aside and focus on his or her work.

  At an appropriate time and as soon as practicable, we will provide updated

  information. Thank you.

  Additionally, one should relate that the organization has examined the need

  for additional security and, for the time being, no further security is necessary (or

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  other appropriate response). Document every action and communication. Script

  and rehearse everything.

  The next step is to interview the targeted individual(s) and witnesses (if any).

  Obtain statements from those who are willing to provide them. Those statements

  should include the following:

  ◾ The facts surrounding what took place or what was witnessed. If interviewing the target, detail all supporting facts and allegations.

  ◾ Identification of any physical or electronic evidence that support the allegations.

  ◾ Identification of all witnesses and other possible targets/victims (if known).

  ◾ The subject’s agreement to testify if necessary.

  ◾ The subject’s agreement to continue to cooperate with management and par-

  ticipate in the investigation as requested (to produce records and documents

  or submit to an additional interview).

  ◾ The subject’s agreement to report any future contact by the aggressor.

  ◾ The subject’s agreement to keep the matter confidential and not to discuss it or the investigation with others who have no need to know.

  ◾ Affirmation that the information provided is true and that any intentional

  misrepresentations or falsities may result in discipline.

  ◾ The opportunity to add anything to their statement they wish.

  In some situations, a violence risk assessment or other psychological evaluation needs to be performed. The determination of dangerousness of the aggressor is one of the primary goals of the fact-finding effort. A competent professional (like those described above) with expertise in this area should be utilized for this assessment.

  If an assessment is to be performed, the individual should not return to work until the results of that evaluation are completed and reviewed.

  In most situations, the aggressor should be interviewed before any decision is

  made regarding his continued employment. A properly conducted investigative

  interview also allows one to assess the individual and ask questions about his intentions. It is perfectly acceptable to ask if he intends to carry out his threat or if he is capable of it. Employers and their fact finders are often hesitant to ask tough questions. Resultantly, they often do not obtain the information that would most help them or their process. Aggressors often want to talk and discuss their grievances.

  Sometimes the source of their anger is the belief that no one will listen to them. If given the opportunity, it is appropriate to ask them what outcome they want and how it might be amicably achieved. My team and I have conducted more than 300

  such interviews and almost always found the subject to be agreeable to discuss his issues and possible solutions. This opportunity should not be overlooked.

  If the aggressor cooperates, also obtain a statement from him. In this statement, ask him to explain what took place and why he behaved the way he did. Similar to all investigative interviews, the interviewer should seek an admission. Inclusive of
that admission, the subject should be asked that he acknowledge that his behavior

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  in question was inappropriate and, as a result, discipline up to and including discharge may be appropriate.

  If the results of the investigation led the decision makers to decide the indi-

  vidual in question should be terminated, the decision should be communicated

  to the individual as soon as possible. Circumstances permitting, the individual should be offered the opportunity to resign in lieu of termination. Permitting resignation often allows the subject to leave with his dignity and self-respect intact.

  Regardless, depending on the circumstances, communication of this decision

  may be effected via mail or telephone. In some instances, it is appropriate to

  communicate the decision face-to-face. In that case, the following suggestions

  are recommended:

  ◾ Remember, safety is the first order of business. Take the necessary security precautions and do not leave safety to chance.

  ◾ An organizational communicator and witness/notetaker should be desig-

  nated. The organization’s communicator should call the individual and

  arrange for a meeting off the organization’s premises at a designated time.

  The time and the day of the week will be determined by the nature of the

  circumstances leading up to the action.

  ◾ Prepare a termination notice and a resignation notice with releases.

  ◾ If a severance package is to be offered, tie receipt of it to the future behavior of the subject. Plan to indicate that any further inappropriate conduct will result in cancellation of any consideration offered.

  ◾ Prepare a final paycheck and any severance package materials.

  ◾ If appropriate, contract security should be made available and properly briefed.

  ◾ If appropriate, law enforcement should be notified. Call the local watch commander and notify him or her that the organization is planning to discipline

  a difficult individual, but that you do not expect a problem. Do not go into

  any further detail. Tell them you will call if assistance is necessary and ask

  that a patrol car be in the vicinity at the appointed time.