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LDRDocs/Foundations and Governance/Infractions/Misconduct.md
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Misconduct is any behavior that goes against the
[[General Rules of Conduct]], [[Guiding Principles]], or other policies that dictate how employees should behave at work. This might include unethical, unprofessional, or even criminal behavior that takes place within a workplace setting.
Some examples of workplace misconduct include sexual harassment, discrimination, bullying, violence or threats of violence, falsifying records or documents, dishonesty or theft, and misuse of company resources. Misconduct may also occur when an employee's actions or behaviors make the company look bad or sour the company's reputation.
1. Sexual harassment
2. Discrimination
3. Using company resources for personal gain
4. Unprofessional behavior, such as shouting or swearing
5. Unauthorized sharing of confidential information
6. Plagiarism or stealing of ideas
7. Refusal to follow company policies and procedures
8. Falsifying documents or records
9. Physical violence or threats in the workplace
10. Theft of any kind
11. Intimidation or bullying
In other words, misconduct occurs when an employee does something for personal gain that is harmful to other people.
## Notification stance
When an employee is terminated for misconduct an announcement should be made in most cases.
Internally, the announcement should explain what happened and cite the particular policy or type of action, but specific details should be excluded. This is to make sure other employees know we take the policy seriously.
Externally, customers who have had communications with the employee should be notified in a less specific manner. This is to achieve two things. First, if the customer had a bad experience with that employee, they don't blame the rest of us for it. We're demonstrating that we clean up our own mess. Second, if the employee tries to contact the customer later on, the customer will know the employee was terminated for a reason.
The exception to this notification is where some kind of legal action is expected to take place or where making an announcement might actually cause further problems.
## Potentially non-obvious types of misconduct
### Actions outside work
Some actions taken outside work may still be considered a Misconduct infraction where the actions make the company look bad, compromise the trustworthiness of the employee, or involve a coworker.
Some examples might be:
- An employee who sends inappropriate text messages to a coworker outside hours.
- An employee gets into a bar fight while wearing a company logo.
- An employee is convicted of a crime that infringes on our trust in them, like stealing or fraud.
### Time Theft
Time Theft occurs when an hourly employee claims to have worked hours they didn't actually work, or remains clocked in when they are not actually working.
Here are some examples of Time Theft.
#### Ex1: Breakfast hour
An employee comes to work, clocks in, and then eats breakfast. While eating they aren't doing any work. They're just looking at social media on their phone or chatting with coworkers about personal topics.
While this might happen from time to time, people are not robots, a person who makes a habit out of it is guilty of Misconduct.
#### Ex2: Dragging out the day for personal reasons
Imagine an employee wants an advance on their paycheck so they can put a new tire on their car. They wait until five minutes before their shift ends to ask about it, and the manager informs them we can't help on such short notice. Instead of accepting that answer, the person continues to argue about why they should be given a pay advance, and it causes both them and the manager to be at the office for a half hour after close.
The employee should not expect this to be paid time. However, the manager can't leave until the employee leaves, so the manager does have to be paid for this time.
This is also a form of Time Theft, and therefore Misconduct.
#hr #infraction