Gross Misconduct: Definition, Examples, and Process

Gross misconduct refers to severe employee behavior that breaches organizational policies and warrants immediate termination. Examples include theft, harassment, safety violations, and serious insubordination.

By Douglas Wade, Attorney

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Table of Contents

1. What does it mean to commit gross misconduct?

2. What constitutes gross misconduct?

3. Gross misconduct examples

4. Carelessness vs. Intentional wrongdoing

5. The HR Process for Termination Due to Gross Misconduct

What does it mean to commit gross misconduct?

Any behavior on the part of an employee that falls well short of the expectations set by the organization in terms of ethics and professionalism is considered gross misconduct. The specifics of what that means in reality could differ from one business to the next based on their own standards for serious misconduct.

Yet, in the eyes of any employer, the only acceptable response to acts of extreme misconduct is the swift and irreversible termination of employment. In cases where an employee’s actions pose a threat to the safety of themselves, their coworkers, or the firm as a whole, management may decide to terminate their employment without further warning—a practice known as summary dismissal.

When an employee’s actions result in significant financial harm to the organization, employers have the right to withhold their income.

What constitutes gross misconduct?

When an employee violates the company’s policies regarding serious offenses, it is considered gross misconduct. When an employee commits such a serious or dangerous conduct, it utterly destroys the employee-employer relationship and immediately results in termination.

Employee misconduct, on the other hand, could involve actions that don’t directly endanger the business or coworkers. It does, however, justify reprimand from the employee’s direct supervisor or HR manager. Being chronically tardy to work is just one example of this kind of conduct.

Gross misconduct examples

Once again, each organization has its own set of rules regarding what qualifies as gross misconduct. In many workplaces, the following behaviors are considered signs of gross misconduct:

Theft or fraud
Damage to property
Physical violence or bullying
Serious safety and health regulations breaches
Serious insubordination
Discrimination or harassment
Establishing a competing business
Bribing or accepting bribes
Wrong use of an organization’s property or name
Breach of confidence
Leaking company information or causing a serious breach

These are just a few examples of the most egregious crimes. The definition of “gross misconduct” varies from employer to employer.

Carelessness vs. Intentional wrongdoing

Careless or reckless behavior that endangers the life of others is known as gross negligence. In cases of gross negligence, the degree of carelessness is often so great that it seems as though the perpetrator deliberately intended to endanger the lives or rights of others.

Willful misconduct, by contrast, is defined as extreme wrongdoing done with the goal to deceive. It is not uncommon for people to knowingly disobey regulations and policies while committing acts of willful misbehavior, even while they are aware of the risks involved.

The HR Process for Termination Due to Gross Misconduct

Prior to firing an employee for gross misconduct, HR should adhere to a protocol. If businesses follow these steps, they will always have a solid basis to fire an employee. The steps are as follows:

Identify the gross misconduct

Employers should not rely solely on allegations unless they have direct knowledge of the employee’s gross misconduct. The best course of action would be to investigate the claims thoroughly in order to establish the truth. One way to accomplish this is to gather statements from any witnesses to the accusation and look into the employee’s disciplinary history.

HR pro tip

If you suspect serious misbehavior, you should always evaluate the severity of the offense before deciding whether to suspend the employee pending an investigation. This is of great importance if the offender is a risk or threat to others or the company.

Meet with the alleged offender

Wait to terminate the employee until you’ve gathered sufficient proof to back up the misconduct claims. Instead, set up a proper hearing so the accused worker can present their side of the story.

After you’ve listened to everything, it’s best to end the meeting so you can gather your thoughts. Now is the time to think about everything, such as the employee’s disciplinary history and how long they’ve been with your team.

Establish a system of official punishment

In a formal disciplinary meeting, you are required to inform the employee of the official conclusion. The invitation needs to be professional and written down in a letter that lays out the employee’s serious transgressions. Included in the letter should be the option for the employee to invite a representative from their college or union to the disciplinary hearing.

Provide the employee with a written copy of the final decision in addition to reading them the violations listed in their letter on the day of the hearing. Make sure you do the following before terminating someone for gross misconduct:

You provide a list of grounds for dismissal.
It was the kind of decision that any fair employer would have made under similar circumstances.
The company’s gross offense list supported the termination judgment.
You set a deadline for filing an appeal.

In the tribunal, you document evidence for an appeal. Doing so will guarantee that your case is solid in the event that the employee who was fired for serious misconduct chooses to appeal to a tribunal.

HR pro tip

Dealing with major infractions and employee misbehavior are two separate matters. An in-depth inquiry into employee wrongdoing is required before deciding on disciplinary punishment, which should be proportional to the seriousness of the offense.

Also, make sure that new hires are familiar with your policies on employee misconduct and that you evaluate them often. Also, don’t be shy about bringing in a third party investigator who can step back and assess the situation objectively.

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