Managing Employee Misconduct

Can you honestly state that when reflecting on how you previously behaved with respect to an employee performance problem, what you said and/or did was consistent with what other employers would have done in a comparable circumstance?

Many company owners are unsure of what constitutes poor performance, misconduct, or major misconduct, making these issues much more difficult. What you could classify as major misconduct in your company might merely be considered a bad performance issue in another company.

Concerns With Discipline

At the outset of this piece, I want to stress the need to seek counsel from an employment attorney or HR expert in dealing with disciplinary issues.

So what are the many disciplinary issues that might occur in your company if you have employees?

1. Unsatisfactory work

"Norris, this is the 100th time you've delivered these materials to our customers wrong!"

- Repeated bad performance, such as paying little attention to details, making errors even though you are aware that the employee ought to (and does) know better, missing deadlines, and receiving a lot of complaints from customers, may all be considered poor performance.

- The system for handling bad performance (as with any disciplinary action) is rather drawn out, but it is vital to ensure that everything is fair and impartial for all parties. The crucial stages in the procedure have been condensed into this short version. First, have a meeting with the employee to discuss their responsibilities and job description, identify any problem areas, and develop a strategy for performance improvement. Sometimes it may be required to teach an employee, but if the underwhelming performance doesn't improve with assistance, direction, and opportunity, it may be necessary to let the worker go from your company.

2. Misconduct

Johnson claims that wearing the given safety equipment makes him seem foolish, and he will not wear it.

- Examples of misconduct include failing to follow an employer's reasonable and legal instructions, breaking work regulations (as in the case mentioned above), violating implicit requirements of the employment contract, such as disclosing sensitive information, lying, or acting dishonestly or insubordinately.

- Once again, there is a mandated procedure for handling misconduct, and the severity of the offense will determine the sanctions, which may include suspension, a warning, or dismissal.

3. Serious Misconduct

Because you were inebriated while working, you have been fired.

- In your company, certain situations and scenarios could result in immediate dismissal. These typically fall under the following categories:

  • Serious misconduct, which includes fighting and drinking at work, stealing from the employer, and acting in a way that is inconsistent with performing a person's duties usually;
  • Wilful disobedience, which refers to willfully disobeying a boss's lawful and reasonable orders;
  • Serious neglect of duty, which includes failing to observe safety precautions.

The procedures for managing these issues are well-defined but rather complex, as I said at the beginning of this post. To safeguard your employer's rights and to make sure that your disciplinary procedures are fair and reasonable, you should get guidance on any disciplinary concerns, including misconduct or subpar performance. 

To find out more on employee misconduct, visit https://www.cutehr.io/employee-misconduct/.


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