Summary. Workplace misconduct happens because of improper or inappropriate behavior by an employee. To deal with employee misconduct, you should first investigate and document everything, consider the severity of the offense, and decide on the consequence for the employee.
It’s important to ensure that your employees feel comfortable and safe in the workplace. Employee misconduct can cause the workplace to become unbalanced and cause employees and the company to suffer.
To help you as an employer deal with misconduct in the appropriate manner, this article will go over what workplace misconduct is, the two types of misconduct, and how to deal with it. We will also provide some examples of workplace misconduct and provide some common disciplinary actions regarding misconduct.
Key Takeaways:
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The two types of misconduct include general employee misconduct and gross employee misconduct.
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To deal with misconduct, you should first investigate what happened, document everything, and act quickly.
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Misconduct in the workplace can come in the form of confidentiality breaches, insubordination, or unethical relationships.
What Is Workplace Misconduct?
Workplace misconduct is improper or inappropriate behavior in the workplace by an employee. This behavior can be harmful to the company or to other employees and can have a negative impact on the workplace.
Employee misconduct can result in verbal or written disciplinary action, suspension, or termination from employment. Depending on the severity of the misconduct, legal action can happen.
Types of misconduct include:
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General employee misconduct. This type of misconduct is behavior that does not intend to harm others. There may not be a need for immediate termination of the employee. It may just require a warning for the employee for them to correct their behavior.
While this type of misconduct does not harm others, it should still be reported to the employee’s manager or to the HR department to document and carry out any disciplinary actions if required. An example of general misconduct would be an employee being late every day. The actions are not intentional but still require to be corrected.
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Gross employee misconduct. Gross misconduct is more severe and could cause an employee to be fired. For it to be considered gross misconduct, the behavior and actions were meant to cause harm to the company or to another co-worker. Their actions need to be illegal or go against company policy.
An employee may be fired after the first offense if it is severe enough. They can be fired with no notice as well. An example of gross misconduct could include property damage intentionally caused by an employee.
How to Deal With Work Misconduct
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Investigate. Investigating a claim of employee misconduct is an important step. You should be gathering any evidence of the misconduct and getting the testimony of everyone involved. As you are investigating, you should determine who is involved and who will be interviewed about the incident.
Other things that you may have to do during this stage is to watch any security footage and make sure the employee is not covering anything up. This will allow for the next step to be easier.
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Document everything. As you are investigating, be sure to document everything, such as employee testimonies, your investigation plan, and other evidence gathered.
Be sure to have someone else in the room as you are interviewing other employees and record the conversation. This will help in case the employee decides to take legal action against the company later on.
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Consider the severity of the offense. After the initial investigation, you should determine the severity of the misconduct. This will later help determine the consequences for the employee. You should review the employee records to determine if this is the first offense or if other incidents have happened in the past.
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Discuss with leadership. You should discuss the evidence gathered with other leaders within your company to help determine the actions that are needed. You may also need to discuss this with your legal team, depending on the severity of the misconduct. The direct supervisors of the employee should also be involved in this process.
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Act quickly. After gathering evidence and discussing it with other leaders within the company, you shouldn’t wait to act. This will help maintain some safety and security in the workplace. Not acting quickly can make the employee feel as if their actions were okay and that they can do it again.
Any delay may cause the workplace to become disrupted and cause other employees to become upset. This is especially important if the employee’s misconduct caused harm to other employees.
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Decide on consequences. The final step in the investigation should be deciding on the disciplinary response to the misconduct. This can range from a verbal warning to dismissal or termination of the employee. Be sure to inform your employee of the decision and document it for their file.
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Review your employee misconduct policy. After a case of employee misconduct, you should review the policy to see if there can be any changes to it. Reviewing it on a more regular basis can help avoid any future employee misconduct cases.
Disciplinary Action for Employee Misconduct
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Verbal warning. A verbal warning is the most common disciplinary action for a manager to give regarding employee misconduct. They may discuss the policy with the employee to alert the employee of the issue.
With a verbal warning, the employee is likely able to have a chance to correct their actions without any further discipline necessary. This is helpful to those employees who didn’t even realize they had done anything wrong.
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Written warning. This will typically happen if an employee’s actions do not improve after the verbal warning. This is a little more serious than the verbal warning. The written warning will be put into the employee’s file.
The written warning should include the behavior of the employee and what policy they violated. You should also include the next steps if their behavior continues. As the employer, you will determine how many written warnings an employee can receive before further action can be taken.
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Probation. When an employee is on probation, it will be a period of time that they are monitored by their employer. When putting an employee on probation, have them sign a document acknowledging that they are on probation and that they understand the reason for it. Probation can last for 60 to 90 days and can be extended if necessary.
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Suspension. When suspending an employee, you can remove certain privileges from them or remove them from certain projects. Before suspending an employee, be sure to explain what your expectations are for them while they are suspended.
For example, the employee may need to meet with the HR department for a certain amount of time, or they may be required to stay away from the workplace.
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Dismissal. This is typically needed when the situation and actions are not able to be corrected. Dismissal or termination is usually the only solution to gross misconduct cases. Be sure to document that you informed the employee of the termination and file it with your HR department.
Examples of Misconduct
Misconduct can happen in different ways. Here are some examples of common employee misconduct:
Confidentiality breach. Sharing any private information about finances, business practices, or customer relationships will be considered a confidentiality breach. Legal action can be taken if the employee is found guilty of breach of confidentiality during the investigation process.
Insubordination. This will be when an employee doesn’t follow orders from their supervisor or manager. This could be skipping meetings, refusing to do work, or being late or leaving early from work.
Insubordination misconduct cases typically have minor consequences and only become serious if it involves an employee ignoring any safety protocols and causing themselves or another employee to become hurt.
Theft and fraud. Theft or fraud can be gross misconduct. This is because it is illegal and immoral and can damage a company’s reputation. Theft can be considered stealing from the company or customers or defrauding employees using company funds for personal use.
Violence. This is a common type of misconduct in the workplace. Violence can be any threat of physical contact meant to harm another person. For example, it can include bullying, stalking, or assault.
Harassment and discrimination. Harassment or discrimination against an employee is considered serious workplace misconduct. There are laws that protect employees from harassment or discrimination based on race, religion, gender, or age. This can be direct or indirect.
Use of drugs and alcohol. An employee that is using drugs or alcohol in the workplace can make the workplace unsafe. It can also damage a company’s reputation. A written warning is a common form of disciplinary action taken for the use of drugs and alcohol.
Damage to property. This will refer to an employee’s initial or negligent damage to company property. Equipment that the company purchases can often be expensive and can cost a lot to replace or fix.
Unethical relationships. Unethical relationships happen when someone in a position of power starts dating someone who works under them. The employee may feel obligated to date their superior making it an unethical relationship. It can also lead to favoritism and can cause an unbalanced workplace.
Misconduct In the Workplace FAQ
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Can an employee lose their job because of misconduct?
Yes, an employee can lose their job because of gross misconduct. The employee can be dismissed immediately, but be sure to follow the proper procedure and include their dismissal in their employment file and submit it to your HR department.
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What are the consequences of employee misconduct?
A verbal warning, written warning, probation, suspension, and dismissal are all consequences of employee misconduct. Depending on the severity of the misconduct, an employee can receive any of those. Dismissal is the most severe consequence of employee misconduct.
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What is the best way to address misconduct in the workplace?
The best way to address misconduct in the workplace is to document everything and consider the severity of the misconduct. Once you have your evidence documented and know the severity of the misconduct, you will be able to decide on the consequences. This can range from a verbal warning to dismissal.
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Does gross misconduct always lead to dismissal?
No, gross misconduct does not always mean dismissal for an employee. The disciplinary panel at your company will decide the severity of gross misconduct. This decision will be based on the evidence gathered and the employee’s history with the company. If there is enough evidence in the case, dismissal may be the answer.
References
Author
Taylor Berman
Taylor is a freelance writer from Pennsylvania. Taylor got into writing because she enjoys writing articles that help people and loves creating stories that inspire. She earned a bachelor's degree in journalism and public relations with an interest in communications media from Indiana University of Pennsylvania.
