The Code Section To Be Interpreted:
Code 4.2 – Any employee shall be guilty of misconduct if they willfully conceal or conspire to conceal any person’s price, proficiency, availability, willingness, and/or adherence to this code of conduct from observance by any employee who must make a decision which requires discrimination.
Examples of Misconduct Under This Code Section:
- Employee A must decide amongst numerous candidates that have applied for a job with the company. Employee A asks Employee B to print out all of the candidate information. Employee B was once humilated when Employee B mispronounced someones name. Employee B prints out all of the candidate files and then throws away some of the pages that belong to candidates with difficult to pronounce names. Employee B is guilty of misconduct under code section 4.2.
- Employee A and Employee B are being considered for advancement. Employee A completes a large amount of product and leaves it unguarded to use the restroom. Employee B packages half of Employee A’s product which is the normal next step in the process, but is not usually done so early in the work day. Employee C, responsible for making the decision for advancement, comes by and surveys Employee A’s workstation, seeing only half of Employee A’s work and not looking for already packaged product so early in the day. Employee B is guilty of misconduct under code section 4.2.
- Employee A is being considered for advancement. Employee A dozes off at their work station because of a new colicky baby at home. Afraid that the incident might negatively effect their prospects, Employee A convinces a security consultant to destroy camera footage of the event. Employee A is guilty of misconduct under code section 4.2.
Examples of That Are Not Misconduct Under this Code Section:
- Employee A must decide amongst numerous candidates that have applied for a job with the company. Employee A asks Employee B to print out all of the candidate information. Employee B was once humilated when Employee B mispronounced someones name. Employee B prints out all of the candidate files and then provides them to Employee A. There is no misconduct.
- Employee A and Employee B are being considered for advancement. Employee A completes a large amount of product and leaves it unguarded to use the restroom. Employee B does not have to use the restroom and continues to work. Employee C, responsible for making the decision for advancement, comes by and surveys Employee A’s workstation, then watches Employee B hard at work. There is no misconduct.
- Employee A is being considered for advancement. Employee A dozes off at their work station because of a new colicky baby at home. Concerned for their safety if they continue to work, Employee A notifies their supervisor of their state and is sent home. There is no misconduct.
