How to Spot Deception Like a Pro in a Workplace Investigation

When it comes to workplace investigations, the stakes are high for HR. Conflicting accounts of what happened can require interviewing witnesses to determine who is telling the truth and who is lying. Yet most of what we thought we knew about how to spot deception is “flat-out wrong,” Michael Johnson, executive advisor at workplace compliance training firm Traliant and a former Department of Justice attorney, said at SHRM25 in San Diego.

HR pros may think they are experts at detecting lies. But even experienced professionals such as judges and probation or police officers correctly identify that someone is lying only 55% of the time, about the same as the average person, according to Johnson. Most people attempt to detect deception based on visual cues, but recent research has challenged the long-standing assumption that a person’s body language is the go-to indicator that they are not telling the truth. When interviewing witnesses during workplace investigations, HR should instead employ scientifically validated techniques, Johnson said. As a bonus, some of these techniques can also be useful in hiring processes.

 How-To Guide: How to Conduct a Workplace Investigation

Debunking Myths and Stereotypes

It turns out that visual indicators commonly associated with deception can simply be signs of stress. These include:

• Avoiding eye contact (the No. 1 indicator associated with deception around the world).
• Being nervous or jittery.
• Making overly dramatic gestures and having changes in voice pitch.

One U.K. study actually found that liars make a deliberate effort to look you in the eye to create the illusion that you can trust them. Liars also make a conscious attempt to control their movements because being fidgety is commonly associated with lying.

Additionally, the underlying problem with assumptions such as “A person who is nervous is lying” is that it also assumes a person who is not lying is not nervous, Johnson explained. Witnesses who are innocent can still be nervous and avoid eye contact if they are being investigated.

Gut instincts based on visual cues or a witness’s demeanor are also subject to implicit bias. For example, the more attractive a witness is or the more visibly calm they appear, the more likely it is that they will be believed.

Q&A: Understanding Implicit Bias in the Workplace

Listen Instead of Look

The average person can better identify deception when they focus on just listening to the witness. That’s because the valid signs of lying, such as evasive equivocation qualifiers like “I don’t recall” or “Not really,” are linguistic in nature, Johnson said. Interviewers can counteract this tactic by asking for clarification or more details about what the witness means when they say, “Not really.” Other signs include:

• Length of time speaking. Truth tellers tend to speak longer.
• Level of detail. Details are dangerous for deceivers.
• Use of passive voice, such as in the phrase “Photos can be manipulated.”
• Not using pronouns, such as leaving off the word “I.”

Template: Investigation Questions for Witnesses

Strategies for HR Witness Interviews

The No. 1 goal of an interview is to get the witness to talk, so Johnson recommended creating an informal, nonthreatening environment. Use the research-backed cognitive interview style, which asks witnesses to recall what happened, and try the following techniques:

1. Play the role of a journalist, not a prosecutor.
2. Don’t reveal that you know the person is lying — keep them talking.
3. Let them tell the story with little interruption. The more detail there is, the more likely it is that they are telling the truth.
4.  Don’t challenge the person until the very end. Remain respectful and soft-spoken.
5. Ask who else they have spoken to about what happened.

Checklist: Employee Misconduct Investigation

• A person who is lying will also have more difficulty with the following tasks:
• Drawing what happened.
• Providing sensory details, such as anything else they may have seen or heard or how something felt (e.g., it was very warm in the room).
• Following the reverse order technique — going from the end to the beginning. One study Johnson cited showed the percentage of lies accurately detected went from 18% to 75% using this technique.
• Answering unexpected questions around space and time: for example, who arrived first, or where did they sit. Interviewers can circle back later to see if the answer changed.

Increase your knowledge with the SHRM Leading Workplace Investigations seminar (available in person in California and Virginia, as well as  live online). Also consider the SHRM Workplace Investigations Specialty Credential for mastering investigation skills.

Hiring Process Tips

Approximately 43% of resumes contain at least one substantial inaccuracy, while 25% contain a major misrepresentation, such as a degree or job the applicant never had, according to Johnson. Resumes on LinkedIn tend to be more truthful, however, because they are public, he added. His short list of tips for the hiring process includes:

• Be flexible: Have a structured interview, but as with interviewing witnesses, it is important to let the person talk.
• Use cognitive interview techniques: Asking questions about the same topic from different perspectives, for example, can allow you to check for consistency of the answers.
• Be judicious with your job posts: Consider the level of detail you provide on job competencies. Posting exactly what you are looking for can allow applicants to adapt their answers to fit your needs instead of being a true indicator of their skills and job preferences.