When you have a business, your employees are the lifeblood. Your goal is to have a positive work atmosphere where everyone is happy and doing their jobs. However, some employees’ behaviour negatively impacts their work or the office environment. This is when you as a business owner or supervisor have to step in.

Misconduct is any offence against the company or another employee that is in deliberate violation of all written or implied employee policy. All misconduct must be dealt with in a timely manner. Misconduct covers a wide range of offences including:

• Misusing company computers
• Blatant tardiness
• Inappropriate language
• Not following the dress code
• Bullying
• Harassment
• Negligence
• Violent acts
• Sexual assault
• Theft
• Fraud

At some point, an employer will have to deal with misconduct from an employee. This may result in discipline, demotion, or dismissal, causing the employee to seek legal counsel for discrimination or wrongful termination. You need to be prepared if there is a lawsuit or investigation into your handling of the situation.

Here are the different ways on how to document employee misconduct:

1. Conduct a throughout Investigation

Make sure to interview all employees that may be a witness to the incident. Only document facts and not personal opinions. This is important because having comments and conclusions about the person may lead to discrimination against the company or employer.

Your investigation needs to be done promptly, ideally with the help of a private investigator service. Plus, the report must be clear and concise with all relevant details.

2. Record Disciplinary Meetings

Recording disciplinary meetings is a good way on how to document employee misconduct. You should have documented proof that you followed up on misconduct with a thorough investigation and a meeting with the employee in question. Make sure to take detailed notes from every meeting and fill out an investigation report, recording all actions you took.

Any evidence you gave the employee that showed their misconduct must be kept as well as a discipline or termination letter outlining the offense and consequences. These documents are relevant to show misconduct and the step you took to hold the employee accountable.

All disciplinary meetings should have the offending employee acknowledge the misconduct by reading all the documentation of the incident and the resulting discipline. They should also sign it and if they refuse, it should be recorded as a separate misconduct violation.

3. Have Employee Disciplinary Forms

When you have a standard disciplinary form for misconduct, it is easier to handle incidents when they arise. Ensure there is enough space to list the offence, date and time, employee information, and resulting action.

Have the person who fills it out sign and date the documents. Use these forms during the investigation and state the facts clearly and specific so it is easy to understand. Complete the form promptly while everything is fresh. The more time that goes by, the less clear any facts may be.

As part of the investigation, you need to meet with the offending employee and hear their version of events. Record everything they say as they deserve to tell their side of the story. It also preserves their version of events in case their story changes later on in the investigation.

4. Final Warning Meetings

This is when you have repeatedly disciplined an employee for misconduct and built a case against them. You have come to a point when a meeting is set for a final warning or an employee dismissal.

Clearly read the report of the misconduct and ask the employee to read and sign the document. Have any supervisors or management in the meeting sign the document as a witness. This is when employees may be terminated.

As an employer, you are responsible for the way your staff conducts themselves. You need to have strict rules and company-wide policies that detail what is considered misconduct. Document any misconduct and follow up with the appropriate punishment. Doing so sends a message to all employees that you take misconduct seriously and value your employees’ well-being while at work. Having a healthy, happy workforce should be the goal in your business. Take care of your employees and they will take care of your business.

5. Document Any Misconduct

Having extensive documentation of misconduct is your insurance for your company. If the discipline or dismissal ends up in court, you will have all the documented information to prove the series of events of misconduct that lead to the action.

Remember that anything your write down may end up as evidence in front of a judge. Having to recall events from months ago is tough, so thorough documentation is critical. Make sure it is accurate and reflects the evidence for the investigation. All witnesses are also recorded with the account of the incident and their names and positions within the company.

There is comprehensive document management software you can use to have a secure way to store documents. This fits well in the digital age but ultimately, make sure you keep records and document the entire process.