The code section to be interpreted:
Code 3.4 – Any employee shall be guilty of misconduct if they willfully; deceive, slander, humiliate, or coerce or intimidate by threat of deception, assault, slander, humiliation, or theft any other person.
It is notable that the restriction of prior consent was omitted from this code section. This is because if one is permitted to lie to another as long as the other consents, then the liar and the consenter could create a sort of deceptive show which would convince a third party eavesdropper of a falsehood. As far as such things as acting, sarcasm, or joking these things are not forbidden as long as there is a reasonable indicator that what is happening is not real and as long as the actors or jokesters freely admit to all that they were joking after the fact, and in the event that some observer does not grasp the unreality of the situation, it is the responsibility of the actor or jokester to amend the situation.
Examples of Mosconduct Under This Code Section:
- Employee A and Employee B are standing in a busy common area with many other people within earshot. Employee A looks Employee B up and down and states loudly, “Look at your clothes, You look like a slob, What are you? Poor? You stupid bastard.” And then Employee A walks away briskly. Employee A is guilty of misconduct under code section 3.4 for humiliation.
- Employee A is Employee B’s supervisor. Employee A asks Employee B if some crucial task has been completed. Employee B is unsure, but knows that they are responsible for knowing. Employee B lies and says that yes the task is completed. Employee A takes actions which assume that the task is completed. Employee B is guilty of misconduct under code section 3.4.
- Employee A wants a non-employee to trade to them a fantasy football player. Employee A tells the non-employee that they will lie to the non-employee’s wife that the non-employee is cheating on her if the non-employee doesn’t make the trade. Employee A is guilty of misconduct under code section 3.4 for coercion by threat of deception.
Examples That Are Not Misconduct Under This Code Section:
- Employee A and Employee B are standing in a busy common area with many other people within earshot. Employee A looks Employee B up and down and states loudly, “Look at your clothes, You look like a slob, What are you? Poor? You stupid bastard.” And then Employee A walks away briskly. Employee A returns shortly and takes Employee B’s hand and they, together, bow, and say, “Stop Bullying!” There is no misconduct.
- Employee A is Employee B’s supervisor. Employee A asks Employee B if some crucial task has been completed. Employee B is unsure and admits that they are unsure, and goes to find out for sure and/or complete the task. There is no misconduct.
- Employee A wants a non-employee to trade to them a fantasy football player. Employee A tells the non-employee that they will offer another valuable player in exchange for the desired player. There is no misconduct.
