How To Report Misconduct in the Workplace

This is the first installment in SkillPath’s series on “Tough Conversations to Have With Your Boss.” Some discussion topics are difficult to broach with your manager, and some questions feel awkward to ask. This series will help you navigate those moments. 

Workplace misconduct can create a toxic and unproductive environment, impacting employees and the organization as a whole. Whether it’s harassment, discrimination, fraud, or unethical behavior, reporting misconduct is essential for maintaining a safe and fair workplace. 

However, many employees hesitate to come forward due to fear of retaliation or uncertainty about the process. A 2023 study shows that only 58% of employees actually reported the poor behavior they witnessed. The same study showed that nearly half of employees fear retaliation if they do report it.

Understanding workplace misconduct – what it is and how to report it – can empower employees to take the right steps while protecting themselves.

Recognizing Workplace Misconduct

Before reporting misconduct, it’s important to recognize what constitutes inappropriate behavior. Someone coming in late, taking long breaks, or even talking about their personal lives at work is annoying, but likely isn’t misconduct. A simple conversation might be all that’s needed to curb these flaws and set some boundaries. There are gray areas. 

Other times, it’s obvious; behavior is unethical, could hurt someone, or violates someone’s rights. Workplace misconduct can take many forms, including:

• Harassment: Unwelcome behavior that creates a hostile work environment, such as verbal abuse, bullying, or sexual harassment.
• Discrimination: Unequal treatment based on race, gender, age, disability, religion, or other protected characteristics.
• Fraud and Theft: Financial mismanagement, embezzlement, or dishonest business practices.
• Safety Violations: Ignoring workplace safety regulations, which could put employees at risk.
• Retaliation: Punishing an employee for speaking out about unethical behavior or reporting violations.
• Other Unethical Practices: Any actions that violate company policies or legal regulations.

If the perpetrator is an employee with equal seniority to you, then reporting is less complicated. But when you’re a lower-level employee who witnesses misconduct from someone with high seniority, that’s when hesitancy and fear creep in. 

However, regardless of the situation, there are things you can do to ensure that your testimony is taken seriously and that your integrity is beyond reproach.

Steps to Reporting Misconduct

If you witness or experience workplace misconduct, follow these steps to ensure your complaint is properly handled:

1. Document the Incident

Gather as much information as possible about the misconduct, including:

• Dates, times, and locations of the incident.
• Names of individuals involved, including witnesses.
• Specific details about what happened and any relevant communications (emails, messages, or texts).
• Any physical evidence, such as photos or documents, that support your claim.

The more objective you can be in your documentation, the less likely people are to think of your report merely as your “perception,” but as fact.

2. Review Company Policies

Most organizations have policies and procedures in place for reporting misconduct. Review your employee handbook or the company’s code of conduct to understand the proper channels for reporting violations.

3. Report to Your Supervisor or Manager

If appropriate, report the misconduct to your direct supervisor. In some cases, especially if the supervisor is involved in the misconduct, you may need to escalate the issue to HR or another appropriate authority.

4. Contact HR

HR departments are responsible for handling workplace complaints confidentially and fairly. If you are uncomfortable reporting to your manager, contact HR to file a formal complaint. Provide them with all relevant details and documentation.

5. Utilize Anonymous Reporting Systems

Some organizations offer anonymous reporting options through hotlines or third-party platforms. If you fear retaliation, this can be a safer way to report misconduct while maintaining confidentiality.

6. Escalate to External Authorities if Necessary

If the misconduct involves illegal activity or your concerns aren’t adequately addressed internally, you may need to report to external agencies like the Equal Employment Opportunity Commission (EEOC) for discrimination and harassment complaints or the Occupational Safety and Health Administration (OSHA) for workplace safety violations.

7. Follow Up on Your Complaint

After filing a report, follow up with HR or the appropriate department to ensure your complaint is being investigated. Keep records of all communications related to your report.

8. Know Your Legal Protections

Many laws protect employees from retaliation when they report workplace misconduct. The Whistleblower Protection Act shields employees from retaliation when reporting legal violations. Title VII of the Civil Rights Act protects employees from discrimination-related retaliation. And State and local laws may provide additional protections.

If you experience retaliation, document it and report it to HR or seek legal counsel.

Overcoming Fear of Reporting Misconduct

Fear of retaliation, job loss, or workplace tension can prevent employees from coming forward. Here are ways to overcome these concerns:

• Understand your rights: Knowing that laws protect whistleblowers can give you confidence to report wrongdoing.
• Use anonymous reporting channels: Many companies provide ways to report misconduct confidentially.
• Seek support: Consulting with a trusted colleague, mentor, or legal expert can help you navigate the process.
• Stay professional: Maintain professionalism when reporting misconduct to ensure your complaint is taken seriously.

Reporting workplace misconduct is scary, but it’s also essential for fostering a safe and ethical work environment. By following proper procedures, documenting what you saw, and understanding legal protections, you can report misconduct confidently. Employers, in turn, should encourage transparency and take prompt action to address violations, ensuring a fair workplace for all. 

If you witness or experience misconduct, don’t stay silent; take the necessary steps to report it responsibly and protect workplace integrity.