Managing Misconduct? Keep This in Mind.

Beth Dean 08.16.19
88 Working Sunflair Dude

How do you handle a not so great employee?

The workforce is filled with capable, professional adults with good intentions, working together to enrich the company, each other, and their families…and then, there are some bad apples.

Unfortunately, a rotten employee will sometimes find their way into a company. Maybe this person spreads malicious gossip. Maybe this person only feels fulfilled at the expense of others. Maybe this person is a thief. This person is certainly not the norm, but their presence can become so overwhelming that it infects the whole company.

So how do you manage blatant misconduct? There are many ways, including solid recruitment and screening processes that don’t let the rotten employee through the door in the first place. Assuming we don’t have perfect future-predicting capabilities, sometimes they slip through. 

Here’s one important thing to keep in mind when managing misconduct: Don’t terminate too fast…or too slowly.

Some managers are ready to call it quits the moment an employee deviates from the norm. There’s no reason to terminate a potentially great employee if things can be worked out. To terminate an employee for misconduct, the act usually must be egregious to win an unemployment claim or avoid a wrongful termination or discrimination claim. 

There are some situations in particular where managers should be careful not to mistake for misconduct, including: 

  • Excessive time off for medical problems or work comp injury treatment
  • Job performance issues that can be fixed through better training and expectations
  • Legitimate complaints about company or manager practices, employee pay, or safety
  • Nonconformity due to religion, gender, or other differences protected by Title VII

On the other side, managers are sometimes too slow to action. They hold on to the optimistic and admirable hope that the mess can be fixed. Others may be afraid to confront the issue head-on and want to passive-aggressively let the person go in a “layoff.” Sometimes, it’s time to let go, and it’s important to record the reasons accurately. 

Sometimes, the situation demands immediate action for the safety of others. Some situations in which an employee may need to be immediately terminated include: 

  • Violent threats or acts
  • Proven theft (be sure to include legal authorities)
  • Severely unprofessional or malicious misconduct
  • Sexual harassment

One item to note: Many states have at-will employment, meaning there is no formal contract and the employment relationship can end at any time for any reason. While at-will employment does add a layer of protection to both parties, we must stress that you should use it carefully and sparingly.

We think of an at-will termination as a quick route to the courtroom since there are so many laws that protect employees , making it difficult for the company to prove that one of those protected reasons wasn’t the real reason for termination.

Above all, use your Nextep HR business partners. They’re professionally certified experts who have seen some of the worst cases of misconduct and can walk you through your own issues, step by step. 

If you’re facing a rotten employee or are in need of human resource guidance, please contact Nextep’s HR team.

Also on Nextep

How can you prioritize ethics in the workplace? Leaders play a critical role in shaping the ethics and values of a workplace. Here are 5 surefire ways that you, as a leader, can be modeling ethics from the top down: Lead by example: You set the tone for the rest of the organization, so it’s […]
Read more
Help support your employees in a tough economy Let’s talk about supporting employees in a tough economy. It’s a challenging time for everyone, but it’s imperative that employees feel valued and supported during tough times. Here are some ways companies can care for employees in a tough economy: Offer flexible work arrangements: Offer flexible work […]
Read more
Thriving in Turbulent Times Growing your business during an economic downturn can be challenging, but it’s not impossible. With the right approach and creativity, you can position your business for success, even in tough economic times. Here are some tips to help you grow your company, even when the economy isn’t looking so hot: 1. […]
Read more
What to do as a boss in the age of pay transparency Navigating pay transparency in the workplace can be a delicate balancing act for bosses.  On the one hand, it’s important to be open and honest about compensation, but on the other hand, there may be concerns about privacy and sensitive information. First, a […]
Read more
Shining a Light on Compensation: The Bold Move Toward Pay Transparency Let’s talk about the rise of pay transparency in the United States. It’s a hot topic but also relevant as more companies (and employees!) are demystifying employee pay. Pay transparency is the practice of openly and honestly sharing information about salaries, bonuses, and other […]
Read more
6 Strategies for Harmonious Collaboration in the Workplace “Kids these days.” “Okay, Boomer.” It’s easy for different generations to point fingers at one another and assign blame for all that is wrong in the world. But there’s a positive side to blending these different perspectives, one that can bring a lot of positives to the […]
Read more
Are You Paying Your High-Earning Employees Correctly? In a recent case, the Supreme Court issued an opinion clarifying the overtime-exempt status requirements under the Fair Labor Standards Act (FLSA).  The ruling emphasizes the importance of the salary-basis requirement for high-earning employees to be overtime-exempt under the FLSA. Here’s what you need to know: Under the […]
Read more
Don’t count out the Boomers at work! The Boomer generation, born approximately between 1946 and 1964, is still an incredibly valuable and important part of the workforce. Their experience, knowledge, and work ethic continue to make a positive impact on the workplace. Let’s taker a quick look at the benefits of Boomers at work! Experience: […]
Read more
Although Generation Alpha is only now becoming teenagers, this group will enter the workforce in a few short years.  Generation Alpha, also known as “Mini Millennials,” is the newest and youngest generation that will soon enter the workforce. Their birth years are generally defined as between 2010 and 2024. As the oldest members of Generation […]
Read more
Insights and strategies for an excellent working relationship with your young workers Oh, the young and adventurous Generation Z! You may have noticed the new generation of employees entering the workforce. Here’s how to set them up for success. Gen Z, typically born between 1997 – 2013, have some character traits that differentiate them from […]
Read more
Your Guide to DOL’s Latest Guidance on Telework, Lactation Breaks, and FMLA Eligibility for Remote Employees Are you an employer of employees who telework, or employees who needs breaks for lactation? Then you’ll want to read this update! The US Department of Labor (DOL) recently released Field Assistance Bulletin (FAB) No. 2023-1, which covers several […]
Read more
Find the Best Candidates You may be recruiting new employees to ensure full staffing for the months ahead. Here are 3 ways to find and recruit top talent for your company. 1. Use technology Start with the most straightforward recruiting solution: post an ad online. Today’s online job posting tools go beyond the average resume […]
Read more

Download Our App