Rules are important to maintain order in society, and it’s no different in the workplace. These regulations ensure that every worker is safe and can conduct their work without the threat of harm to them or their colleagues. Unfortunately, that’s not always the case. Some still commit employee violations, even with the knowledge of possible repercussions.
Every company has rules employees are obligated to follow, like reporting to work on time or providing professionalism in all situations. However, when employees fail to follow these guidelines, there are corresponding consequences, like disciplinary actions or even termination.
In order to ensure a safe and transparent workplace environment it is important for employees to understand the possible violations that warrant disciplinary action.
Learn about employee violation types and possible sanctions for the blatant dismissal of employee rights in the workplace.
What are Employee Violations?
Employee violations are the intentional disregard of implied or written corporate policies. More specifically, employee violations happen when workers refuse to follow workplace procedures, exhibit offensive behavior, break the law, harm their place of employment, or deliberately damage company property.
Workers who violate company-imposed policies can face different sanctions depending on their insubordination. Sanctions can range from verbal or written memos to suspension, dismissal, or even legal repercussions, depending on severity.
What are the Two Types of Employee Violations?
The law breaks down employee violations into general and gross misconduct.
General misconduct refers to an employee violation that does not mean to cause harm to workers or the company. This type of offense is usually not malicious or intentional and does not cause long-term effects. Employers and HR personnel resolve cases of general misconduct through disciplinary actions like suspensions, awareness training, or written and verbal warnings.
In contrast, gross misconduct is a severe employee violation that stems from the worker committing an act that gives employers a reason to dismiss them summarily. These severe infractions are a serious breach of company or labor regulations and government-sanctioned laws.
The key difference between general and gross misconduct is that general misdeeds may harm the professional employer and employee relationship. However, it rarely results in dismissal.
Gross misconduct, on the other hand, not only negatively affects the working relationship between an employer and employee, but it’s also a violation that gives a company the right to terminate a professional agreement immediately.
Now that you’re more familiar with both types of employee violations, let’s discuss offenses that fall under each category.
1. General Misconduct
a. Inaccurate job information report
An inaccurate job information report refers to an employee submitting falsified application data or omitting critical details about one’s working history.
Examples:
- Submitting an incomplete list of past employers
- Falsifies work experience
- Employees inaccurately claim they’ve worked for a particular organization or company.
Possible sanctions:
Employer or HR personnel may issue a written warning or put the employee under probation or general monitoring.
b. Insubordination
Workplace insubordination refers to an employee’s refusal to obey reasonable and lawful employer orders, undermining a supervisor’s authority and management ability.
Examples:
- Refusing to perform a necessary job function when assigned
- Not reporting to a work shift
- Failure to seek permission when taking a leave of absence
Possible sanctions:
Insubordination often results in the offender receiving a series of verbal or written warnings. If insubordination persists, there may be an immediate dismissal or without pay or prior notice.
c. Assault
Workplace assault is any offensive or threat of physical touching within or due to the scope of employment. The offense occurs when an individual is the victim of inappropriate or unwelcome physical contact.
Examples:
- Causing physical harm or injury to a co-worker
- Making a threatening gesture, like balling up their fist to signal they want to hurt or start a physical altercation with a colleague. These acts still fall under assault, even if there’s no actual contact.
- Bringing a deadly weapon into the workplace to threaten another worker
Possible sanctions:
The accused employee may face workplace citations or HR disciplinary meetings as the first punishment. However, more severe cases of workplace assault may require immediate termination or even legal proceedings leading to a jail sentence for the perpetrator if found guilty.
It’s worth noting that as part of an employee’s rights in the workplace, if the victim is acting in self-defense, the law does not deem it as assault.
d. Chronic absenteeism
Chronic absenteeism is an offense where one is consistently absent from the workplace, affecting their ability to conduct and complete their work in a productive and timely manner.
Examples:
- Failure to report their absence in advance
- Constantly making excuses for absences without supporting documents or proof
- Going AWOL (Absence Without Leave)
Possible sanctions:
The employer may issue a series of verbal or written warnings. However, depending on the severity, regular absences may lead to termination due to violating the company’s personal or sick leave policy.
e. Swearing or inappropriate language
The offense occurs when an employee uses vulgar or inappropriate language directed to or while conversing with colleagues.
Examples:
- Use of curse words
- Use of offensive slang
- Name-calling
Possible sanctions:
The employee accused and proven of swearing or using offensive language may receive a verbal or written warning, with dismissal being a last resort.
f. Offensive behavior
Offensive behavior in the workplace is any form of unsolicited, unprovoked forms of belittling and threatening.
Examples:
- Any form of bullying
- Instigating physical altercations with co-workers
- Stalking is harassment, which falls under offensive workplace behavior
Possible sanctions:
The perpetrator may face disciplinary actions and even termination if the offensive behavior in the workplace is severe.
g. Conflict of interest
A conflict-of-interest workplace violation occurs when an employee’s interests, like family, friends, and finances, compromise their ability to make appropriate workplace decisions.
Examples:
- Nepotism
- Employees in positions of power use their privileges to affect a colleague’s career progression negatively
- Favoring co-workers with whom an employee has a friendship
Possible sanctions:
An employee found to have committed a conflict-of-interest violation may face disciplinary measures or civil, administrative, or criminal penalties.
2. Gross Misconduct
a. Theft
Workplace theft is the unauthorized stealing, using, or misusing of company assets without permission.
Examples:
- Bringing home office supplies
- Taking money from a tip or petty cash box
- Embezzlement of company funds
Possible sanctions:
An employer may place the accused under preventive suspension. If the offender is found guilty of theft or severe theft, they will face termination, or legal action.
b. Property damage
The offense refers to an employee deliberately defacing company property or causing damage due to negligence.
Examples:
- An employee destroying company-issued cars, phones, or laptops
- The destruction of in-office equipment
- The vandalism of company property
Possible sanctions:
Due to severe or gross misconduct, a labor law violation, the employee may face immediate termination or need to pay back the company to replace or repair damaged assets. Failure to comply with sanctions can lead to legal ramifications.
c. Serious insubordination
Serious insubordination is when an employee commits an egregious, unprofessional, or unethical act, thereby damaging their relationship with colleagues and employers.
Examples:
- The disrespect or mocking of superiors
- Directly challenging organizational decisions
- The refusal to complete tasks set by the employer
Possible sanctions:
Punishment for serious insubordination is an immediate issuance of a final written warning instead of a series of memos received by employees who commit less severe cases of disobedience. Immediate termination may also be an option, depending on the act committed.
d. The use of illegal drugs and alcohol
Gross misconduct is when an employee is under the influence of or consumes drugs and alcohol during work hours or on company property.
Examples:
- The consumption of alcohol inside the workplace
- The use of illegal, non-prescription drugs during work hours
Possible sanctions:
Consequences can range from suspension to a treatment program. Alternatively, some employers may have a zero-tolerance policy and choose to terminate the perpetrator immediately.
e. Fraud
Fraud in the workplace is when an employee misuses their occupation for personal gain or deliberate misapplication of organizational resources or assets.
Examples:
- The employee uses their position to demand non-work related favors from colleagues.
- An employee who has access to monetary resources and uses them on personal expenditures
- The creation and submission of fraudulent financial statements
Possible sanctions:
Fraud is one of the most severe cases of gross misconduct an employee could commit. The offender can face serious legal repercussions and hefty fines.
f. Breach of safety and health protocols
A breach of safety and health protocols is a case of employees failing to observe or blatantly violating organizational guidelines.
Examples:
- The employees do not use or remove protective equipment.
- The removal of safety equipment.
- Reckless driving on the project site (for the construction industry).
Possible sanctions:
The labor law violation may incur employee warnings for the first few offenses. However, if an employee consistently breaches safety and health protocols, it may be a cause for immediate dismissal.
g. Discrimination
Workplace discrimination is when employees fall victim to unjust or unequal treatment due to specific characteristics like race, gender, ethnicity, orientation, etc.
Examples:
- An employee calls another a racial slur.
- An employee does not get a fair chance to secure a promotion or salary increase due to specific characteristics.
- Dismissal due to specific beliefs.
Possible sanctions:
Penalties may differ depending on the category of workplace discrimination. However, a possible punishment for this violation is a potential lawsuit that results in hefty penalties and fines for the aggressor.
If an employer has neglected to take necessary action to discipline an individual for discrimination within the workplace it may be time to contact an employment lawyer.
Disclaimer: None of the aforementioned information should be construed as legal advice. Likewise, contacting us via our website does not constitute an attorney-client relationship. Please consult with a competent and qualified attorney to discuss your specific situation before taking action on your own.
The Upholding of Employee Rights in the Workplace
Rules are essential to ensure employee safety, labor law compliance, and the reinforcement of your organization’s credibility and reputation.
As previously mentioned, each company has its own policies. However, most organizations abide by the same guidelines regarding these kinds of violations. It’s best to educate yourself or enlist the help of a legal professional to determine whether the authorities provided by the company are legal and align with employee rights in the workplace.
Furthermore, it is important to keep in mind employers have a responsibility to promote safe environments.
Are you looking for an employment lawyer to help you handle employee violations in the workplace? Look no further than Shegerian & Associates.
Contact us today, and our team of legal professionals will be happy to help you resolve workplace disputes!
