Best Practices for Documenting Employee Misconduct

When workplace issues arise, fair and thorough documentation helps protect both your business and staff. Clear records of misconduct help ensure decisions are fair, defendable, and aligned with British Columbia standards. At Linley Welwood, our employment lawyers understand how proper documentation shapes outcomes and supports fairness. That is why we have outlined effective best practices for documenting employee misconduct.

Learn how to effectively handle workplace investigations.

What Does Good Documentation of Employee Misconduct Look Like?

Strong documentation begins with clear definition, consistent follow-up, and careful recording. Having a process that covers the investigation, discipline steps, and confidentiality builds a foundation for responsible decision-making and legal defensibility.

Define the Nature of Misconduct Clearly

When handling employee terminations, it is important to start by distinguishing between intentional misconduct (culpable) and issues outside the employee’s control (non-culpable). Culpable cases may involve deliberate lateness or insubordination, while non-culpable issues often stem from lack of skills or training. Hybrid situations may require specialist input.

Keep Complete, Accurate Records of All Steps

A crucial part of conducting workplace investigations is maintaining detailed records. Document every meeting, warning, performance review, training session, and related event with dates and specifics. These records ensure consistency and serve as evidence if decisions are contested.

Use Progressive Discipline Where Appropriate

For minor misconduct, begin with an informal/verbal discussion. If concerns persist, escalate to a written warning, suspension, or further steps. Termination for cause should only follow clear, documented missteps and be consistent with prior discipline.

Conduct Fair, Well-Documented Investigations

When serious misconduct occurs, initiate an investigation promptly. Collect testimonies, preserve evidence, and avoid discriminatory practices. Transparency and neutrality are critical.

At Linley Welwood, our lawyers are committed to helping your business apply fair, effective procedures grounded in British Columbia law. Contact us today to learn how our team can support your workplace standards and decision-making with secure, compliant documentation.