Workplace Misconduct: an A to Z Guide for HR Leaders

Misconduct in the workplace is inappropriate or improper behavior by an employee that adversely affects the working environment and coworkers in the workplace. It can be anything between minor inconveniences and grave breaches in the workplace. An employee may face varied consequences for their misconduct depending on the seriousness of their behavior or action.

HR Leaders like you must promptly address misconduct in the workplace to protect employees, create a positive workplace culture, foster employee engagement and retention, and drive business performance through people. In this guide, we have put together everything you need to know about misconduct in the workplace.

Also read: Can we separate Workplace Harassment from Sexual Misconduct?

Types of workplace misconduct

Misconduct could vary from sexual to financial and other severe legal categories of misconduct. Even the mentioned categories can further be divided into more specific intersections of misconduct in the workplace.

Harassment

This involves any behavior that creates a hostile or offensive work environment for an individual or group of individuals. Examples include verbal or physical abuse, sexual harassment, racial harassment, or discrimination based on an employee’s gender, age, race, or other protected characteristics.

Theft or fraud

This involves the intentional theft or misuse of company resources, property, or confidential information. Examples include embezzlement, falsification of records, or unauthorized use of company funds.

Substance abuse

This involves the use or abuse of drugs or alcohol in the workplace, which can lead to impaired judgment, reduced productivity, or safety risks.

Workplace violence

This involves any behavior that threatens the safety or well-being of employees or others in the workplace. Examples include physical assault, intimidation, or threatening behavior.

Conflict of interest

This involves any situation where an employee’s personal interests conflict with the interests of the organization. Examples include accepting bribes, using company resources for personal gain, or engaging in business activities that compete with the organization.

Non-compliance

This involves failure to comply with laws, regulations, or company policies and procedures. Examples include failure to adhere to safety regulations, environmental regulations, or employment laws.

It is important to note that these categories are not exhaustive, and other forms of misconduct may occur depending on the nature of the organization and its employees. It is essential for organizations to have clear policies and procedures in place to prevent, detect, and respond to misconduct effectively.

What are examples of workplace misconduct?

Misconduct in the workplace can take many forms. A few examples that will help you understand them better are listed below:

• Breach of confidential information such as trade secrets, client information, business practices, customer relationships, and more
• Refusing to follow orders of senior managers and team leads, and fulfilling their responsibilities and duties
• Violation of policies such as workplace fraternization policy, anti-sexual harassment policy, anti-discrimination policy, and more
• Bullying, workplace harassment, whether physical or emotional and sexual harassment
• Stealing from the company, misappropriating company funds for personal use, and defrauding clients or customers
• Causing damage to the company’s property willingly

Also read: POSH Misconducts and Workplace Parties

The need to address workplace misconduct

You should promptly address misconduct in the workplace as it is critical to building a culture of trust and reliability in the organization. Moreover, if misconduct goes unaddressed by one employee, it encourages other employees to behave inappropriately in the workplace. Following are a few more reasons why there is a need to address misconduct:

For creating a safe and inclusive workplace

As an HR Leader, you are responsible for creating a safe and inclusive workplace environment. You must be able to identify problematic behaviors and take steps to prevent them from occurring. This can help ensure that your employees feel safe and valued in the workplace, which improves morale and productivity.

For addressing employee concerns

You are often the first point of contact for employees who have concerns about workplace misconduct. You can provide appropriate guidance and support to employees when the need for the same arises.

For mitigating legal risks

Workplace misconduct can expose organizations to legal risks, including lawsuits and regulatory fines. You can help prevent these risks by implementing policies and procedures that address problematic behaviors and promote a positive workplace culture.

For maintaining a positive workplace culture

Workplace misconduct can have a negative impact on workplace culture, which can lead to low productivity and morale, a lack of trust from employees, higher attrition, and reduced employee engagement. You can help prevent these issues by promoting a culture of respect and professionalism.

Non-redressal of workplace misconduct

When you, as an HR leader, are unable to address misconduct, several negative consequences like the following can occur:

Lack of accountability

If workplace misconduct is not addressed, employees remain unaccountable for their actions. This can create a culture of impunity, where employees feel that they can engage in misconduct without consequences.

Unresolved conflicts 

Failure to address misconduct can result in unresolved conflicts within the workplace. When misconduct is not addressed effectively, it can lead to tension and an uncomfortable and hostile work environment.

Legal risks

If workplace misconduct is not addressed, organizations risk exposure to legal consequences. For example, if you do not take appropriate action in response to a serious case of harassment, the organization may be liable for damages.

Damage to reputation

When misconduct is not addressed effectively, it can damage an organization’s reputation. This can lead to negative publicity, difficulty recruiting new employees, decreased trust among stakeholders, and consumer boycotts.

Also read: Neglecting workplace sexual harassment and business costs

How to handle misconduct in the workplace?

Handling misconduct can be difficult for HR Leaders like you on your own. The lack of awareness around what constitutes misconduct in the workplace and the redressal procedure often contribute to this difficulty. Therefore, we have broken down the process of handling misconduct into the seven steps below:

Step 1: Ensure that you deal with misconduct timely. Prompt redressal ensures that you communicate strict and prompt action against misconduct to all the employees in the organization.

Step 2: Investigate misconduct by speaking with people who witnessed the act or behavior and gather and review any evidence, if available.

Step 3: Document the entire investigation procedure starting with the investigation structure, initial report, testimonies, interim actions, and evidence.

Step 4: Consider how severe the misconduct was and only then decide upon the consequences.

Step 5: Clearly communicate the disciplinary action that is being taken against the employee. You should also ensure that other employees in the organization are aware of the consequences.

Consequences of misconduct in the workplace

As stated earlier, the consequences of workplace misconduct depend upon the gravity of the misconduct. Consequences can be any of the following:

• Verbal or written warning
• Probation
• Suspension
• Dismissal or termination

Serious misconduct can result in employment termination while minor offenses may result in a standard process of issuing one or more warning letters. Remember, you have to decide on the consequences of each misconduct you investigate depending on how serious it is.

Also read: Workplace Microaggression – All That You Need To Know

As HR Leaders take deeper and stronger positions to be the custodians of workplace culture and employee safety, it is crucial that they apprise themselves of the various categories and nuances of employee behavior and conflict issues. 

FAQs

What is the definition of misconduct in the workplace?

Any inappropriate or improper behavior in the workplace by an employee that negatively affects the work, the environment in the workplace, or the other employees is called misconduct in the workplace.

What are the four types of misconduct?

There are a lot of types or categories of misconduct. However, the four primary types of misconduct are harassment, theft or fraud, substance abuse, and workplace violence.

What is an example of misconduct in the workplace?

Misconduct in the workplace can look like leaking confidential information, harassing someone, damaging the organization’s property, violating company policies, bullying, stealing from the company, and more.

How can Ungender help you?

At Ungender, our team of experts supports you in creating and maintaining strong workplace ethics. When it comes to workplace misconduct, our team provides you with:

• Relevant policies to deal with misconduct
• Sensitization programs and workshops for employees
• Training programs for HR leaders to help them deal with misconduct
• Establishing clear reporting and redressal mechanisms within your team

Due to a lack of awareness, misconduct in the workplace can often go unaddressed leading to severe consequences. Don’t let that happen in your workplace. Get in touch with us by leaving us a message or writing to us at contact@ungender.in.