Introduction
Gross misconduct is workplace behavior characterized by unethical choices. When workers engage in unprofessional conduct, they threaten their careers and employers. When workers purposefully engage in gross misconduct, they risk their current occupation and their entire career. For example, an accountant who engages in an unethical scheme such as inside trading does not only put their position in peril; they risk endangering the entire company. In this article, our lawyer for employers discusses the main issues regarding gross misconduct, including its common repercussions, and how to prove gross misconduct occurred.
What Does it Mean to be Fired for Gross Misconduct?
When the employer is certain that the worker engaged in immoral behavior or made unethical decisions that impact the company, termination normally follows. Sometimes, even one gross conduct offense results in termination.
While some employers issue a warning for the first instance of gross misconduct, if the case is serious, some company owners decide to fire the worker immediately.
Termination is also more likely to occur if the employer, or another credible source, witnesses the unethical behavior or has clear proof that the worker behaved this way.
Specifying what gross misconduct means to each business owner or corporation is impossible since different businesses define these actions differently. However, gross workplace misconduct typically consists of acts that endanger the well-being and professional reputation of the office.
What is the Relation Between Gross Misconduct and Employee Training?
Sometimes, gross misconduct occurs because companies and their HR departments do not explain what this behavior means or consists of during onboarding. Therefore, employers need to cover gross misconduct in the employee handbook and ensure that new employees understand the seriousness of these actions.
For example, suppose an employee and their new employer do not go over the definition of gross misconduct and do not agree on what acts warrant this behavior. In that case, the company will have no right to terminate the worker if they behave this way.
However, suppose the concept of gross misconduct and its ramifications feature in the employee handbook or employment contract. In that case, an employee’s breach of those terms can result in penalties that include termination.
Most legal experts suggest companies review gross misconduct closely and have employees sign something showing they understand the concept. Going over this unethical behavior—and getting it in writing—serves as proof if a breach occurs.
Additionally, the more specific the language that is used, the better.
For example, let’s say a company’s handbook clearly states that lying about hours worked is considered gross misconduct. After signing their employment contract, an employee attests that they worked 12 hours daily. However, there is proof that the employee only worked six hours daily.
In this case, the employer can fire the worker for gross misconduct and a violation of their employment contract.
What Are Examples of Gross Misconduct?
Employees commit gross misconduct in many forms. Employers also sometimes commit actions of gross misconduct. These acts include:
- Substance abuse while at the office
- Stealing from the company
- Abusing, disrupting, or vandalizing company property
- Sexual harassment
- Sexual assault
- Assault
- Discrimination
- Committing violent acts
- Threatening to commit violent acts
- Repeatedly coming to work late
- Committing Fraud
- Committing bribery
- Committing blackmail
- Forging documents
- Lying about hours worked
- Plagiarizing
Additionally, many other illicit behaviors fall under the title of gross misconduct.
What Qualifies as Gross Misconduct?
Some acts of gross misconduct result in immediate dismissal. However, depending on the severity of these acts, professional wrongdoing does not always result in harsh punishment, at least at first.
Many employers give workers a warning and explain what the employee did wrong. They may have the individual meet with HR, have them apologize to their team or manager, or even ask the person to submit a letter of apology. Nevertheless, many first-time offenders remain employed, at least after the initial transgression.
However, some offenses warrant immediate dismissal. These acts of gross misconduct are more offensive and more serious.
For example, suppose an employee commits an act of gross misconduct that results in injury to another person. In that case, chances are that the employer will not only fire them but also contact the authorities.
Acts of gross misconduct may include, but are not limited to:
- Arriving at work late
- Handing in poor work or work that required little to no effort
- Offensive language or actions aimed at clients, customers, peers, managers, and others
- The use of company equipment for individual gain
For example, if an employee spends half of their “workday” searching for a new job on the company laptop and then bills all of these hours, they commit gross misconduct.
When an employee exhibits wrongful behavior, their supervisor usually issues a verbal and written warning. However, if the worker follows the initial act with more poor behavior, the company head may terminate them. No business owner wants their company to be associated with, or known for, any manner of gross misconduct.
Since all businesses have different handbooks, HR department teams, and ideas of what constitutes gross misconduct, it is vital that all companies continually work on and revise their stance on professional wrongdoing in the office. There is nothing worse than an employee who commits an act of gross misconduct and then admits they had no idea that they were doing so.
How Does One Prove Gross Misconduct at Work?
For employers, proving that an employee committed gross misconduct at work can be complicated.
For example, if no witnesses exist, employers have difficulty finding proof of the offense unless the person admits to their actions.
On the other hand, there are witnesses if none of the person’s superiors saw or heard the offensive behavior. Then, the company can use the witness’ statements to justify punishment, including dismissal.
What Does a Gross Misconduct Investigation Typically Include?
To begin, HR managers and company supervisors, including the offender’s direct supervisor, will:
- Discuss the matter with witnesses to gain information
- Go over the employee handbook and contract to find proof that the person violated company rules and standards.
- Review the employee’s employment history for repeat behaviors or evidence. For example, did the person commit any relevant offenses at prior companies? Or is this a first-time offense that may be an honest mistake? Again, history can provide clarity in this case.
- Ask the worker for their perspective and justification of the acts that they committed.
- Hold a formal disciplinary hearing.
When is Termination Justified for Gross Misconduct?
While it is common for an employee’s gross misconduct to provoke dismissal, it is entirely up to the company, their managers and supervisors, and the HR department as to what punishment fits the crime.
Some companies use written letters of termination to inform the person that they can no longer work for the business. These letters include pertinent information about the offense and information about owed payments or charges to the person or company.
For example, a fired employee may still collect their last paycheck in some cases.
How Does Gross Misconduct Impact Unemployment Insurance?
When a company fires an employee, they can file for unemployment insurance (UI) in their state. However, there is no guarantee that the UI department will approve the application or the person’s claim. In addition, companies can appeal the UI claim if they wish to contest the person’s right to benefits. In this case, the decision usually goes to the company if the person committed gross misconduct.
Workers in California, for example, can only receive UI benefits if they are not at fault for losing their employment, according to the US Dept. of Labor.
Contact Nakase Wade for Help with Gross Misconduct
When gross misconduct occurs at the workplace, the business owner or owners should first contact an experienced business lawyer.
At Nakase Wade, our California business lawyers and corporate attorneys are experienced with cases of gross misconduct in the workplace. We help company owners get to the bottom of the issue, justly punish the offenders, and move on as quickly as possible. Do not let gross misconduct disrupt your business. Instead, contact Nakade Wade for a free consultation today.
https://california-business-lawyer-corporate-lawyer.com/wp-content/uploads/2024/04/Write-An-LLC-Article-of-Organization.jpg
1068
1069
Brad N
http://california-business-lawyer-corporate-lawyer.com/wp-content/uploads/2022/05/Nakase-Wade-logo-transparent-200x54px.png
Brad N2024-04-26 22:50:412024-04-26 22:50:42How To Write An LLC Article of Organization
