The Code Section To Be Interpreted:
Code 3.3 – Any employee shall be guilty of misconduct if they willfully and without prior consent; assault, injure, harm, apply force to, affect the appearance of, entrap, or bind the body of any other person.
All of code section 3 arises from the axiom that every person is a means unto themselves. This section makes misconduct any of the simplest ways in which people make other people their means against their will: The direct application of force to the body.
Examples of Misconduct Under This Code Section:
- Employee A and Employee B are coworkers. Employee B proposes an idea which is far superior to a proposal from Employee A. Employee A feels humiliated by the defeat. Later, Employee A comes across Employee B a the bathroom, seizes Employee B by the arms and pushes Employee B up against the wall. Then Employee A exclaims that they really wanted their proposal to be accepted. Employee A is guilty of misconduct under code section 3.3, for applying force to the body of another. Although the force applied wasn’t harmful in and of itself it was intended to make Employee B feel as if they were in some way responsible for Employee A’s emotions, an undesirable state for The Company.
- Employee A is in a large meeting with a group of clients. Employee A spots a member of the opposite sex and attempts to initiate flirting from a distance but has difficulty getting the other’s attention because they seem to be focused on something else. This distraction lasts throughout the meeting and a short time after everyone else leaves. Employee A blocks the door to the meeting place with their body when the other attempts to leave. The other, still somewhat distracted says, “Excuse me.” upon spotting Employee A in their path. Employee A does not move, but instead responds, “Hey, I’ve been trying to get your attention.” Employee A is guilty of misconduct under code section 3.3, for entrapping the other without their consent.
- Employee A is a prankster and Employee B’s coffee mug is a glossy black color. Employee A coats the inside of the handle of Employee B’s mug with ink. Employee B uses the mug and gets ink on their hand. Employee B must spend half an hour trying to clean the ink off. Employee A is guilty of mosconduct under code section 3.3, for affecting the appearance of another person’s body.
Examples That Are Not Misconduct Under This Code Section:
- Employee A and Employee B are coworkers. Employee B proposes an idea which is far superior to a proposal from Employee A. Employee A is impressed vy the idea. Later, Employee A comes across Employee B a the bathroom and offers a (clean) hand to Employee B to shake, saying, “Nice job out there.” There is no misconduct.
- Employee A is in a large meeting with a group of clients. Employee A spots a member of the opposite sex and attempts to initiate flirting from a distance but has difficulty getting the other’s attention because they seem to be focused on something else. This distraction lasts throughout the meeting and a short time after everyone else leaves. Employee A stands by the door to the meeting place when the other goes to leave. As the other passes, Employee A says, “Excuse me, hi. I’m Employee A. No not from the training video, its a family name…” There is no misconduct.
- Employee A is a prankster and Employee A’s coffee mug is a glossy black color. Employee A coats the inside of the handle of Employee A’s mug with ink. Employee A uses the mug and gets ink on their hand. Employee A then pretends not to notice the ink, and when Employee B inquires about it, Employee A puts on a pair of black rimmed glasses that have also been inked, states, “I don’t see anything.” Then takes off the glasses, revealing the new ink staining. There is no misconduct.
