How to Set Appropriate Conduct Rules

Behavior or conduct policies aren't particularly exciting, but they are necessary. They alert employees to important workplace guidelines
explaining what behavior you expect and what conduct is prohibited. Most employers develop these rules based on internal factors such as
the nature of their business, number of employees, organizational culture, and the work performed.

But, how much detail is too much when it comes to a conduct policy? Some organizations prefer a very general statement regarding
appropriate employee behavior, while others like to provide more specific examples of prohibited conduct.

Whichever approach you use, your policy should meet two goals. First, it should be flexible enough to allow appropriate discipline for misconduct that is not specifically mentioned in the policy. Second, it should not include any language that can unintentionally restrict your actions or be interpreted to create a contract. Here are some tips for drafting your policy.

 

Explain Best Workplace Behavior

Many organizations begin their behavior rules by pointing out that they expect employees to have a "positive attitude" to promote the best
interests of the employer. Appropriate conduct to produce this attitude includes:

1. Treating all customers, visitors, and coworkers in a courteous manner;
2. Performing assigned tasks efficiently and in accord with established quality standards;
3. Giving proper advance notice whenever unable to work or report on time;
4. Reporting unethical, suspicious, or illegal conduct; and
5. Maintaining cleanliness and order in the workplace and work areas.

* Clear Rules Help Define Expectations *

Next, a clear policy statement outlining the conduct that will lead to discipline helps everyone know what to expect. So, it is a good idea to
include a general list of prohibited behaviors, which can range from serious misconduct to relatively minor violations of day-to-day work rules.

For example, many employers specifically prohibit these serious offenses:

1. Bringing weapons into the workplace;
2. Threatening, intimidating, or assaulting coworkers;
3. Fighting in the workplace;
4. Engaging in any form of sexual or other harassment;
5. Being under the influence of drugs or alcohol at work;
6. Falsifying company records; and
7. Stealing or misusing corporate property.

You also should consider including several less serious, but disruptive, violations, such as:

1. Insubordination;
2. Failing to abide by minor safety rules;
3. Smoking where prohibited;
4. Using inappropriate (profane) language;
5. Wearing improper attire; and
6. Engaging in inappropriate horseplay.

Maintain Flexibility, Avoid All-Inclusive Lists

While examples of inappropriate conduct are helpful, your policy wording still needs to be flexible enough to allow for discipline not specifically
covered in your policy. To this end, you should not try to present a complete or exhaustive list of prohibited conduct.

Many courts have determined that employer lists of prohibited conduct can limit your right to discipline for any unlisted reasons, unless you state that the list is merely illustrative of prohibited behavior and not intended to be all-inclusive. 

Careful Drafting Can Preserve Your Rights

Your goal in developing and distributing a work conduct policy should be to prevent employee misconduct by clearly communicating what is
expected. But when misconduct occurs, you don't want to be limited by something you've put in, or left out of, your policies. To prevent this
result, you should:

1. List offenses only as examples of behavior for which employees will be disciplined, and not as being all-inclusive. State specifically that, at
management's discretion, any violation of your policies or any conduct considered inappropriate or unsatisfactory may subject the employee to
disciplinary action.

2. Do not assert that employees will be disciplined or terminated only for "cause," "good cause," or "good reason." Again, this restrictive
language compromises your ability to discipline for any reason other than "cause," a term that is subject to interpretation.

3. State in your discipline policy that you reserve the right to discipline as you consider necessary. In addition, point out that you may impose
more severe discipline for any infraction, up to and including termination.

4. Make sure your handbook also contains a separate at-will statement. The statement should explain, in plain English, that employment is at will, i.e., that employees may quit at any time or be terminated for any lawful reason, and that policies are intended as guidelines and not as contracts that must be followed.

A clear conduct policy carefully drafted to include these elements enhances your ability to prevent employee misconduct and to deal with it
effectively when it does occur. In addition, when you combine these behavior rules with effective at-will statements and disciplinary
procedures, you can help ensure that you have preserved management flexibility and that your policy will not be used against you as a binding
contract.

Thanks to HR Matters E-Tips