What are the various classifications of misconduct? What hierarchy needs to be followed while imposing a punishment
General (simple) misconduct
The first type, general (or simple) misconduct, involves
behavior that doesn’t intend to harm others or the company. It usually does not
require immediate termination of any employee. But it does mean that the
employee’s immediate supervisor and HR need to document and carry out any
disciplinary action to correct it. An example of general employee misconduct
may be an employee who is chronically late to work or one who has made an
off-color remark to a co-worker. Their actions are undesirable but not
intentionally out to sabotage the company.
Additional examples of general misconduct may include:
- Inaccurately reporting information on a job application – discovered after the employee has been hired
- Not following the orders of a direct supervisor
- Getting caught smoking in a non-smoking area of the property.
These are offenses, but they can be corrected and do not
require termination on the spot. First-time issues may require nothing more
than a written warning for employee misconduct and monitoring of the employee
for a period of time. Or it may require more decisive action such as
suspension.
In the case of gross employee misconduct, an employee has
acted in a way that warrants immediate termination — the legal term being
“summarily dismissed”. This kind of behavior is egregious in nature, meant to
cause the company and other co-workers harm.
Usually, the actions of the employee are enough to cause the
company to have no choice but to terminate their employment and escort them
off-premises immediately. This includes a first offense if it is severe.
Employees may be fired with no notice, and their final pay may be withheld if
it is due to financial or property damage to the company.
Very offensive actions such making verbal and physical
threats of violence, bullying, sexual harassment, and stalking are examples of
other forms of employee misconduct. All of these call for an immediate
termination from your job. Several industries' organisations view intentional
confidentiality violations as grave misconduct. Being under the influence of
drugs or alcohol while working can result in automatic dismissal in places of
employment with drug and alcohol policies.
It's crucial to remember that workplace misconduct can happen
both physically and online on a remote team. An illustration of this may be a
worker speaking negatively about the firm CEO while chatting on their camera
and microphone during a virtual team meeting. A worker who writes a derogatory
group email, such as the GoHealth employee who was fired,
Consider also that an employee may be intentionally violating
the terms of their employment by maintaining a side-job with a competing firm
or running a business that directly conflicts with their main employer.
How to address and handle employee misconduct
Never disregard an employee's wrongdoing. Ineffectively
handling instances of employee misconduct can result in expensive lawsuits as
well as lower staff morale. For instance, failing to give sufficient proof that
it had fired an employee for breaking company policy resulted in a wrongful
termination case in 2019 costing one corporation more than $1.1 million.
There are several things your organization can do to address
and handle cases of employee misconduct effectively.
1. Get an effective disciplinary policy in place.
Your employees need to understand what the consequences for
misconduct are.
Your disciplinary policy should explain disciplinary action
for employee misconduct, what progressive steps will be taken in the process
and what the grounds for immediate termination are. Be sure that your employees
are aware of this and sign off on this in the employment agreement. Also, make
this policy easily accessible, for instance, by including it in your employee
handbook or company wiki.
2. Outline a process for reporting employee misconduct.
Indicate how employees can report a misconduct incident and
to whom? Can they do it anonymously? It’s essential to protect all parties
involved in a complaint, whether in the reporting phase or the investigation
process.
In some workplaces, the difference between individuals who
have seen misconduct or unethical behaviour and those who report it approaches
30%. Workers may worry about reprisal and think that the company won't do
anything. It is crucial that your team members comprehend how they may safely
report instances of employee misconduct and how your business will handle these
reports.
3. Investigate any and all claims of employee misconduct.
It’s your responsibility to ensure nothing is left out.
Define how you are going to investigate misconduct, who is going to be
involved, who will be interviewed or observed, and other aspects of the
investigation plan.
Bear in mind that your employee misconduct investigation and
handling process needs to be in line with the local legislation.
4. Gather information and document everything related to the incident.
To investigate employee wrongdoing and effectively address
it, you'll need this information. Keep a record of the precise dates, times,
locations, and discussions surrounding the employee misconduct occurrence. If
your employee decides to file a lawsuit, you must be able to defend your case
with the evidence from your inquiry. Moreover, OSHA mandates complete
documentation in cases of safety misconduct.
5. Respond quickly, but methodically, to employee wrongdoing.
To ensure the safety and security of the workplace, you must
respond swiftly to take control of the situation if employee misconduct occurs
there. Be cautious and take initiative. Also, doing so might help you avoid
reprisals or other bad behaviour.
ALSO READ:-
- What do you understand by Business and Financial risks
- Explain the concept of Management Information System (MIS)
- Explain the determinants of Interpersonal Behaviour
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