Employee Misconduct

Managing employee misconduct is one of the most difficult tasks that a manager is required to handle. If you want to be successful in managing the employees on your team, then it is necessary to have a plan in place before the misconduct occurs so that you will know how to handle each situation. Following these guidelines will help you to stay consistent with all employees- and consistency in management helps you to create a positive working environment and maintain equality among the staff on your team. The last thing you want is to treat employees differently.

[Note: it is always best to seek out professional advice instead of simply relying on the information in this article, and the author will not be held responsible for anything that happens as a result of your actions. Everything stated here are the opinions of the author.]

In order to stay consistent with your management and effectively help the employees understand the expectations, it is necessary for your company to have a written policy (in the form of an employee handbook and contract) detailing out the expectations and guidelines that must be followed by employees. Make this information easily accessible for all employees; each person should receive a written copy when they are hired.

It is also absolutely necessary  to have a written contract in place with each employee. This contract should include all of the terms and conditions of the job, and it should accompany the company policy book. Signing a contract will help to protect both the manager and the company because the employee will be bound to what was agreed upon in the contract.

Things to keep in mind when misconduct occurs:

When an employee misconduct situation occurs, there are some basic guidelines that should be followed in order to correct the behavior:

• This temporary difficulty is NOT YOUR FAULT – so don’t play the victim and blame yourself.
• Don’t see them as the enemy but as someone who needs help and support to change their behaviour
• VISUALISE the outcome you want with this person
• NEVER rise to meet their level of anger, frustration or rage. Once you do that, you have given up control. Let them come down to meet you where you are.

With that said, let’s dive in and discuss how to deal with employee misconduct:

1. Assess the situation to determine if the problem is misconduct or a performance problem
2. If the behavior is a performance problem, then the employee needs to be trained on the skills and information that is needed to help them complete their job. (If the performance problem is linked to a disability, then an accommodation needs to be made to help them perform their tasks.)
3. If the behavior is a problem of misconduct, step back to assess the situation to see if you can identify the root problem. Many times a behavioral problem occurs as a result of another situation or conflict that may be occurring, and solving the root of the problem will automatically fix the behavioral issues.
4. Be sure to record details about the behavioral problem and then schedule a time to talk with the employee in private. In some situations, an informal conversation may be appropriate if it is not a serious behavioral issue.
5. During the meeting, explain the situation to the employee and why the behavior is not acceptable. Always refer to the behavior instead of the person, and back up the conversation with workplace policy. The goal of the meeting is to help the employee to understand why it is important to follow the guidelines for the behavior in question, and assist them in correcting the behavior.
6. Allow the employee a chance to talk, and listen to their explanation of the situation. As a manager, listening is an important aspect of helping employees to improve their behavior and performance, because it will help you to identify the root of the problem. However, you have to assess the situation in order to be able to tell if the employee is simply making up excuses or being genuine and telling the truth.
7. At the end of the meeting, discuss with the employee things that can be done to help them comply with the behavioral expectations. It is always a good idea to listen to their comments in order to determine if any adjustments need to be made in the workplace to make it a better situation for everyone involved.
8. Give the employee action items that can be followed in order to help them succeed with their behavioral adjustment. Also, provide them with a written copy of the counseling process, and advise them to follow the rules to prevent a formal write-up.
9. After the meeting is finished, write down notes to keep a record of the meeting.
10. If the behavior continues to occur, you should have a formal counseling with the employee. During this counseling, prepare a document detailing the behavior, what the new expectations are, and the consequences of not complying with the rules.  Ensure the document is signed by the manager and the employee.
11. Continue to watch the behavior, and follow the guidelines of your counseling process if the behavior does not improve.

Please note: These guidelines are for minor behavioral problems that are not harmful to other employees or customers or the business. In some cases of severe behavioral problems, an immediate written counseling or dismissal should be completed. A “counseling” is a formal write-up documenting the situation in as much detail as possible, this write-up is sometimes called a “written warning”. Keeping track of the meetings will provide you with the documentation showing what steps were taken to help the employee improve their behavior. If dismissal is needed, then the documentation will protect the company by proving that the dismissal was completed for good reason.

When a written counseling is completed, it is necessary to sit down with the employee and talk about the situation. They should be provided with a copy of the paperwork, and the company’s copy of the counseling needs to be signed and dated by both the manager and the employee acknowledging that the meeting took place. During this meeting, it is a good idea to listen to the employee in order to determine if there is a problem within management or company structure, because sometimes a manager can take proactive steps to prevent the behavior from occurring again.

Your company should have a detailed employee discipline policy in place, and the guidelines need to be followed for every employee. Consistency is key, and no adjustments should be made to the process on an individual level. The policy should discuss the rules that need to be followed, and any consequences that may occur as a result of breaking the rules. First and second written warnings may be provided depending on the situation, and in a serious situation the employee may be terminated for their behavior. These details need to be specified in the counseling policy and a copy of the policy should be provided in the handbook or employment contract.

If you ever find yourself in the situation where termination is necessary, it is extremely important that you document the entire situation and you also ask any other witnesses to provide a written statement of what they experienced. In order for a person to be fired for conduct, the manager must be able to prove that the employee was not completing the job as they were capable. The written documentation can show that they were putting other customers, clients, or any other individuals into an uncomfortable or dangerous situation. This documentation is important just in case there are any questions about the termination, the written documentation will provide information that is needed to help show that misconduct had in fact occurred. If you are unsure about the exact procedure you should be following, always seek professional advice before taking any action.