While employers should have safeguards in place to prevent workplace misconduct, like written policies and procedures, offenses can still occur. When prevention fails, knowing how to properly identify, address and remediate misconduct cases is essential.
- Identify
There are different categories of misconduct, and appropriate responses vary by category. Gross misconduct includes, but is not limited to, the deliberate sabotage or disregard of company policies or property, intentional harm to another employee, illegal actions, theft, and sexual harassment. Negative behaviors or actions that
were not intended to harm the company or other employees would fall under general misconduct rather than gross. Regardless of intent, employee misconduct
should be addressed.
- Address
When misconduct is brought to management’s attention it’s important the situation is addressed in a timely, fair and careful manner. Internal investigations should be
conducted into all claims of misconduct, and all findings and processes should be well documented. If it’s determined an offense has occurred, an employee’s supervisor or manager and HR representative should be present when meeting with the employee involved.
- Remediate
Remediation will depend on the nature, severity and frequency of the misconduct. Some offenses, like an employee’s first instance of wrongdoing, may warrant a verbal warning. If the employee’s behavior continues, then it may be escalated to a written warning. If the employee has still not improved, suspension or dismissal may be needed. Other offenses, like intentional gross misconduct, could justify the immediate dismissal of an employee. If termination is the appropriate outcome be aware of any state final pay timeline requirements. Consider also escorting the employee from the property to ensure a smooth exit. If escalation is a concern security personnel may also be present when confronting an offending employee.
Properly handling misconduct cases is not an easy feat, but HR personnel must be able to navigate through offenses if they occur. If your management could benefit from a brush-up or your policies need updating, Bukaty Companies’ HR Consulting & Training team can offer a training solution that best fits your business. Contact our experts today to take the first steps in misconduct management.
