As an employer, you will inevitably find the need to discipline or even fire employees. This can be a delicate situation to be in and following the correct process is vital. You will need to ensure that you do everything in your power to avoid leaving yourself open to legal problems such as discrimination lawsuits.
Documenting incidents of employee misconduct can be an uncomfortable experience for both the employee and employer. When used carefully however it can be a valuable tool to course correct the employee’s behaviour. This is the best possible outcome, and the hope is that the employee realizes the seriousness of the situation and changes their behaviour accordingly.
Here’s a guide on how to document employee misconduct properly:
1. Use an official form
Having an employee discipline form will make things a lot easier and simple. It also makes the process less personal which can relieve some of the tension in the room. An employee discipline form will provide a framework for the discussion and be a valuable guide to look back on in the future.
Another benefit to having official paperwork is that it will make the discipline process the same among all employees. This makes the whole process fair and consistent. The form should be preprinted and have sections for details of the misconduct, employee comments, and other supporting information should it be needed.
Dates and times of the infractions as well as the date of the meeting should also be recorded. It is wise to include who is in the meeting as well.
2. Document the investigation
As an employee, it is vital that you investigate a situation fully to make sure that you know exactly what has happened and just as importantly why. Knowing why something has happened will allow for a solution to present itself. It can also give some valuable context to the employee’s actions that will be valuable information when conducting the disciplinary meeting.
Use corporate investigation services to ensure the evidence and proof are collected professionally. The investigation may also reveal that the initial assumption that the employee was to blame for the infraction is unfounded. If so, there is a wider issue within the business that needs to be addressed.
3. Be ready for anything
There is no way of accurately predicting how an employee will react to being disciplined. Some will be angry, others defensive. It is a good idea to always show respect to the employee during this process. Even if you have been personally or financially hurt by their actions you must remain professional as you are setting the tone for the discussion.
If you allow yourself to react emotionally you may do or say something that is not ideal and may even provide the employee with a basis for legal action.
4. Identify what you want to say
You will need to have a plan of exactly what you want to communicate to the employee. Having a planned outcome from the discussion is vital as it will keep you focused on the purpose of the meeting. You should think carefully about how you want to discuss certain things as well. The key is to be specific and use documented events to support what you have to say to the employee.
For example, avoid sweeping statements such as “You’re always late”, Instead say “ You were 20 minutes late 3 days this week”. Having these numbers prepared ahead of time will allow you some valuable talking points should the employee disagree with you during the discussion.
5. Complete the form right away
You will want everything to be fresh in your mind from the meeting when you are completing the form. Taking notes during the meeting is also a good idea. By completing the form as soon as the meeting is over it ensures that nothing is missed and you document everything correctly. It can also be a good idea to complete the form during the meeting and have both parties sign it. This allows you both to end the meeting on a positive note with no immediate follow-up or additional paperwork.
6. Acknowledge the employee
If there is anything that the employee does well, be sure to mention that as well. This can be a great tactic to ensure that they don’t walk out of the meeting feeling that they are a failure. Balance is an essential part of any disciplinary meeting. If your goal is to simply document an indiscretion then try to do so dispassionately and fairly. This is not meant to be an opportunity to name and shame the work that has been done, more so a human resources function so as long as you cover all of your bases, there is no need to drag things out.
7. Have more people in the room
Sometimes having an extra person in the room can be very beneficial. It makes the meeting more official and they can be a witness to what was said and back you up if needed in the future.
