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Labor/Employment

Jun. 29, 2026

The hidden value of 'small talk'

Workplace investigators who skip rapport-building in favor of blunt fact-finding may be undermining their own interviews. Building trust first often yields more candid conversations and better information.

David Graulich

Chief Legal Officer
Scoda Investigation Group, LLC

Email: dg_scoda@yahoo.com

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The hidden value of 'small talk'
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Workplace investigations into allegations of employee misconduct are a standard part of the business landscape. Unfortunately, too many investigators begin fact-gathering interviews in precisely the wrong way.

These interviews ask confrontational, close-ended questions that evoke yes-or-no answers and put the interviewee on the defensive from the get-go. This counter-productive approach occurs whether the interviewee is a witness (someone who heard or saw the incident) or a subject (a person who may have participated in or enabled the alleged misconduct).

These misguided interviewers often assert that "I hate wasting time with small talk," and describe how they are determined to "get right down to the facts" in a "no-nonsense" interview.

I dislike the disparaging phrase "small talk." It discounts what is actually a valuable element of a workplace interview.

"Small talk" is better referred to as rapport building. Rapport is defined as a harmonious relationship in which two people are "in sync" with each other, understand each other's feelings and communicate smoothly. The interviewer's objective with rapport is to lessen emotional stress, build trust, engage in an open and honest conversation and gain a better yield of high-value information.

For most people, being questioned about alleged workplace misconduct is an anxiety-inducing, disagreeable experience. This reaction is known as "situational anxiety." When people are anxious, their ability to recall details is reduced and their cognitive function is impaired. They perceive danger even if it isn't present. Even their sense of chronology--what happened when in the flow of time--gets thrown out of whack. It's not that they are uncooperative or evasive, but rather that their mind is going through a form of lockdown.

To build rapport, I like to spend the first 10 or 15 minutes asking non-confrontational questions about the interviewee. I show genuine curiosity about their education and job, and how they chose their career path. I ask about previous roles at their employer. If they mention military experience, I ask where they were stationed. I avoid questions that would be invasive, such as inquiring about marital status, disability or medical condition, whether they have children and religious affiliation. My goal is to establish a natural, conversational flow to the interaction. Careful, respectful and attentive listening is essential after each question.

Another important aspect of rapport building is that it establishes an emotional baseline for post-interview evaluation. When conducting a workplace interview, you should observe non-verbal cues such as tone of voice, pace of speaking, body posture, facial expressions and hand and eye movements. Take note of nervous tics, such as drumming fingers on the table, rapid blinking or tousling hair.

To assess these physical actions correctly, you first need to identify what the interviewee's traits and habits are on under normal, non-confrontational conditions--that is, to create a baseline. Then you can compare their speech and movements further in the interview with the topics being discussed (for example, talking more rapidly, taking longer pauses or exaggerated waving hands and arms).

Rapport means establishing a natural conversational interaction. Forget the "Law and Order" TV episodes where an aggressive questioner mercilessly hammers an interviewee into submission. The best fact-gathering interviews take place when the interviewer creates an ad hoc partnership with the interviewee.

Once you have established rapport with the interviewee, you can still ask the tough, probing questions that you need in your quest for the truth. Rapport doesn't mean that you are verbally "pulling punches" or tossing softballs. Just the opposite is true--your tough questions, when presented from a sound platform of empathy and trust, will evoke answers that provide a richer yield of accurate, reliable information.

It is a mistake to approach an investigative interview with the same mind-set as taking a deposition. A deposition during litigation is an adversarial event. The deposing attorney has to establish control and authority over both the deponent and the defending attorney. In contrast, the investigative interview offers the opportunity to establish a collaborative, informal, lower-the-temperature mode that benefits all parties.

High-value interviews occur in an atmosphere where the parties are working toward a mutually beneficial goal. As with all behaviorally based interviews, rapport is crucial--and small talk is the building block of rapport.

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