How To Manage Workplace Misconduct Issues For Remote Employees

As the American workforce continues to navigate the new landscape and challenges of working remotely, many areas of work and life are changing for employees. But the most common employee relations issues—discrimination, bullying, and harassment—still continue to pose challenges for employees and human resource managers, who are tasked with remaining constantly informed of employee issues and misconduct allegations, even with a workforce that is now spread across different neighborhoods, cities, and even states.

Tech behemoths like Facebook and Google are allowing their employees to work from home for the rest of 2020, while Twitter has enacted a new employee policy stating that employees will never be required to return to the office. Large and powerful corporations making moves like this is a harbinger of things to come, and a sign that American workers will likely not be returning to the workplaces that they left anytime soon, if ever. A radically changing employee experience is requiring forward-thinking human resource managers to think creatively about the changing form and appearance of common employee relations issues, and moreover, requiring people managers to craft new and innovative ways of performing sexual harassment investigations and other human resources investigations. 

The components and activities that make up the essence of a workplace misconduct claim remain essentially unchanged for the new remote workforce. Listed below is a list of how common workplace misconduct complaints might appear in the months ahead.

Number 1: Discrimination in the workplace, although not occurring face-fo-face, will remain a top priority for human resources professionals to tackle. 

As the challenges and difficult realities of the coronavirus epidemic continue, hate crimes and discrimination against Asian-Americans is on the uptick—an unacceptable, offensive, and intolerable trend. People managers must train themselves up on recognizing discrimination in this form, and must thoroughly and consistently inform their employees that discriminatory behavior against Asian-American colleagues, or any disparaging remarks regarding Asian persons/Asian-American persons will absolutely not be tolerated. People managers should also consider conducting diversity/sensitivity trainings specifically tailored to address this issue, including a component on bystander training regarding what should be done when employees see someone engaging in such offensive conduct. 

Number 2: Videoconferencing platforms are giving workplace colleagues/managers a peek into employee’s personal lives. Human Resources managers must be hyper-attentive in assuring that no discrimination results from this.

Employees’ days are being spent more in Zoom rooms that board rooms, and having video cameras in employees’ homes present a certain set of challenges. Much press has been devoted recently to the ever-heightened blurring of the lines between work and home, with many working parents struggling under the pressure. Consider a situation where a Zoom video conference call is happening while a baby cries in the background behind an employee, or where the computer camera pans to show a living room floor littered with toys. A supervisor, watching their employee in this setting, must carefully consider what they say. A statement such as, “I see that you have your hands full,” or “We won’t include you in the meeting later, as we can see that you are busy,” is a loaded and potentially discriminatory statement, and could have major effects. Careful attention must be paid to conversations and interactions regarding employees’ various working from home settings and arrangements. All employees, regardless of their personal lives, must be given equal access to promotions, training, and visibility. 

Number 3: Manager/employee communications that happen almost exclusively via electronic communications provide ample opportunities for cyberbullying to occur.

As social media becomes officially ubiquitous, a national conversation around cyberbullying has been gaining steam. Cyberbullying is also becoming a common complaint in workplaces. A 2019 cyberbullying survey by the website monster.com listed the two most frequent forms of cyberbullying while at work—aggressive e-mails and yelling. This type of behavior can exist while working remotely just as easily as it could within the four walls of an office building. Human Resources managers must enact new reporting procedures and mechanisms in order to keep their finger on the pulse of employee misconduct issues as they arise.

The Triangle Takeaway: In this time of financial uncertainty and tightening budgets, employers do not need the added headache of defending themselves against costly lawsuits. Despite the changing appearing of work, employment laws still apply. Workplace managers, as they navigate this new landscape, must engage in thorough, timely, and deliberate actions to protect their employees, their reputations, and their bottom lines. Triangle, via its investigation services, its workplace policy writing services, and Telli ™, Triangle’s easy-to-use reporting app, give employers the assurance of knowing that misconduct matters are being handled rapidly and thoroughly. 

Kia Roberts