The Code Section To Be Interpreted:
Code 1.5 – Any employee shall be guilty of misconduct if they threaten to or attempt to cause physical harm, slander, or otherwise negatively effect the reputation of another employee for the purpose of extorting personal favors, personal property, money, or career advancement or as punishment for the denial of personal favors, personal property, money, or career advancement from any other person (not limited to other employees).
Examples of Misconduct Under This Code Section:
- Employee A and Employee B are coworkers. Employee A spots Employee B doing something that is considered odd by many other employees but is not otherwise a violation of the code of conduct. Employee A then approaches Employee B and informs them that what Employee B did was a violation of the “real code of conduct” and offers to keep the observation a secret in exchange for “friendship.” Employee A is guilty of misconduct under code section 1.5. In this case Employee A is effectively threatening to negatively effect the reputation of Employee B for the purpose of extorting “friendship” which may be presumed to mean “unspecified future personal favors.”
- Employee A and Employee B are coworkers. Employee B’s spouse is the owner of a business from which Employee A wants free products. Employee A threatens to fabricate complaints against Employee B unless Employee B convinces their spouse to provide free products to Employee A from that spouse’s business. Employee A is guilty of misconduct under code section 1.5 for threatening to negatively effect the reputation of another employee in order to extort property from another person.
- Employee A is Employee B’s supervisor. Employee B expresses an interest in a supervisory position that has opened up within the company to Employee A. Employee A selects a different candidate for the position. Employee B, upset with the results of the decision, fabricates and spreads a rumor that Employee A’s decision was not in accordance with section 4 of the code of conduct. Employee B brags in writing about fabricating and spreading the rumor with specified the purpose of “showing people what happens when they treat me wrong.” Employee B is guilty of misconduct under code section 1.5 for attempting to negatively effect the reputation of another employee in order to punish that other employee for not advancing Employee B’s career.
Examples That Are Not Misconduct Under This Code Section:
- Employee A and Employee B are coworkers. Employee A spots Employee B doing something that is considered odd by many other employees but is not otherwise a violation of the code of conduct. Employee A then approaches Employee B and informs them that many other employees consider that behavior to be odd. There is no misconduct.
- Employee A and Employee B are coworkers. Employee B’s spouse is the owner of a business from which Employee A wants products. Employee A purchases the desired products from Employee B’s spouse’s business. There is no misconduct.
- Employee A is Employee B’s supervisor. Employee B expresses an interest in a supervisory position that has opened up within the company to Employee A. Employee A selects a different candidate for the position. Employee B, upset with the results of the decision, requests Employee A’s reasons for the decision. Employee A communicates that the candidate that was selected was demonstrably more proficient and available then Employee B. Employee B is impressed by the candidates abilities. There is no misconduct.
