How Should I Handle Employees Using Abusive Language at Work? Seeking Advice on Disciplinary Actions

I request your suggestion in the following case. Two of our employees had an argument and they used unparliamentary language. This incident occurred in front of all the other employees during working hours.

Guidance on Disciplinary Action

I request guidance on what kind of letter should be given as per the process. Should I provide them with a show-cause notice letter followed by a warning letter? Some superiors are suggesting issuing suspension letters.

I would appreciate your prompt suggestion. Kindly send me some sample formats.

Thanks & Regards,
Parameshwar Reddy V

I request you to tell me what kind of letter should be given as per the process. Please send some letter formats for this case.

Yes, you can have disciplinary options to pursue against them, including suspension or charging them with conduct-related issues. However, I am of the view that management should not rush to extreme disciplinary actions to deal with an employee's conduct resulting from behavioral aberrations. There may be socio-economic, educational, and familial reasons behind an employee exhibiting such conduct. Due to these limitations, some individuals may struggle to express dissent or differences of opinion appropriately, or they may lack skills in controlling their anger when faced with opposition.

In many cases, the behavior is unintentional and stems from emotional outbursts. Individuals may not fully comprehend the consequences of their actions. Upon returning to a normal mental state, they may realize their mistakes or disorderly conduct. The issue could be personal, unrelated to employment, or based on differences in job execution. Regardless of the reasons, behavioral misconduct often requires a clinical approach rather than a purely disciplinary one, unless the actions are deliberate, intimidating, or detrimental to the organization's interests.

Therapeutic Approach to Conduct Deviations

Therefore, it is advisable to adopt a therapeutic approach to address conduct deviations from standard discipline. My suggestion is to start with counseling. Bring both employees together, address their objectionable behavior, highlight how it disrupts office operations, and if possible, educate them on handling differences constructively. Issue a written caution against repeating such behavior in the future, emphasizing that strict measures will be taken by management if they fail to comply.

Hope this guidance is helpful.

Regards,
B. Saikumar
In-house HR & IR Advisor

First, go through the entire case again, and also, you have to observe their past behavior in the organization. Then, take appropriate action.

Regarding Formats

All types of letters are available on citeHR itself, which will help you a lot in drafting.

Thanks & Regards,
Sweta
HRM Executive

Analyzing Language in Front of Senior Management

Analyze the language used when in front of senior/top management. Ask yourself: Who? When? What? Where? How? and Why? This is a basic formula in "IR".

Examining Employee History

Examine the accused employee's past history and their experience (number of years). If this is the first incident, close the case by issuing a suitable warning letter, with a copy in their personal files. If this is not the first incident, issue a show-cause notice, followed by a Charge Sheet-cum-Suspension Order (minimum one week).

Constituting a Disciplinary Action Committee

If your factory has a larger workforce and registered trade unions, it is better to constitute a Disciplinary Action Committee with participation from the workforce and/or hold a Domestic Enquiry by appointing an Enquiry Officer (a management personnel with preferably a legal background or even an advocate with experience in this field), and act according to the findings of the Enquiry Officer.

Thanks.
Regards,
R K Nair

It's really a concerning issue. The worst part is that other employees had to suffer from the bad language used during the fight between two individuals. This is not tolerable in any organization. You should take immediate action by calling for an urgent meeting with the seniors and the individuals involved in the altercation. Inquire about the genuine reason behind the fight. If, after discussion, it appears that they regret their actions and are willing to rectify their mistakes, ask them to write an apology letter and display it on the notice board. However, if they maintain the same attitude and show no remorse, then termination may be necessary.

Furthermore, convene a meeting with all employees to firmly communicate that such behavior is unacceptable and that any future instances of indiscipline will result in serious consequences for the individual involved. Consider implementing a corrective action policy within the organization outlining all rules and penalties to prevent similar incidents in the future.

Good luck!

Regards,
Lavika
HR Executive
Rev Infotech Inc

Attribution: https://www.citehr.com/489244-wo-our...#ixzz2xau3i5Ic

Members have given you a lot of good advice and food for thought to consider. May I just add one more observation: This incident must be dealt with so that in the future, other employees do not think they can behave in the same way and get away with it. Therefore, I suggest you put in place a "Respect and Dignity Policy," clearly laying out consequences if breached. There is plenty of information available on the net to help you produce a bespoke policy.

I hope the above helps.

Regards,
Harsh

Under disciplinary action, issue a show-cause notice. Conduct an inquiry. If the reason reflects an official cause, then administer counseling to the individuals, and also counsel their superiors for not addressing such causes.

If the reasons are personal, first obtain an apology letter from both parties. Subsequently, issue a warning letter and administer counseling. Human error is common, and it is also a courtesy. Kindly avoid moving towards heavy penalties.

After reading all the comments, I hope you have an idea of what needs to be done. I would suggest counseling as the best approach. Talk to them and help them realize that whatever has happened was incorrect, and the company will not tolerate such behavior. I am confident they will understand. You can provide them with a verbal warning to ensure such behavior does not affect others.

I refer to Ms. Monica's view. The suggested type of action will work in a small-sized office setup. However, in factories where a unionized labor workforce is present in large numbers, this type of soft-pedaling will not work. Strict disciplinary action is warranted after holding a domestic inquiry.

Thanks,
R K Nair

I had handled such a situation in my office once. I would suggest talking to both of them one by one and trying to understand the reasons behind their behavior. After that, you should speak to both of them together and warn them that such incidents will not be tolerated. Simultaneously, in consultation with your seniors, issue a warning letter or a show-cause notice to prevent such incidents in the future.

Terminating them is not a solution. They should be given a chance, and others should also learn from them that such behavior will not be tolerated in the office.

Regards,
Sonali

Dear Parameshwar,

After reading your suggestion, I have doubts. You mentioned that a warning letter can put them on probation. I would like to clarify if this is applicable to a permanent employee of the organization. As far as I know, probation usually occurs in the initial stage, within the first three or six months. Please clear my doubt.

Thank you,
Priya

I have gone through the comments above. Some suggested a reformative approach, and others suggested a retributive approach. Both approaches are correct in their own right, depending on the merits of each case. However, we tend to see riotous or disorderly conduct and imperfect behavior that lacks some social decency or civility through the same prism of disciplinary action. If the conduct of an employee assumes hostile proportions to intimidate and threaten the safety and security of the employees in general, or his continuance is likely to threaten industrial peace in the organization, then the case deserves the stricter option of disciplinary action, including suspending the employee/s concerned.

In the case of a bitter argument or even a quarrel between two colleagues, and their conduct is confined to a loud exchange of a few provocative remarks only between themselves over a personal matter or even over a matter related to their respective jobs but which is purely individual in nature, then it is advisable to go for reformation but not retribution. In many such cases, the employees forgive each other once they get back to their normal state of mind. The organization too shall not act on the rush of blood as the employees do in friendly fire situations or bilateral conflicts. However, if the employees are repeat offenders, then appropriate disciplinary action may be taken but give the reformative approach a chance in deserving cases whether it is a manufacturing sector or service sector.

Regards,
B. Saikumar

In-house HR & IR Advisor

Handling Misconduct in the Workplace

Your post: "Two of our employees had an argument, and they used unparliamentary language. This happened in front of all the other employees and during working hours. I request you to tell me what kind of letter to give as per the process. Should I give them a show-cause notice letter and then a warning letter? Some superiors are asking to give suspension letters. I request your suggestion as soon as possible. Please send me some formats."

Position on Disciplinary Action

In case your company/establishment/organization is an Industrial Establishment covered under the Industrial Employment (Standing Orders) Act 1946, you would certainly have your company's certified standing orders. The standing orders define "Acts of Misconduct" and the punishment procedures. Just be guided by the standing orders. Acts as narrated briefly are deemed grave/serious acts of misconduct as they fall into the category of indecent and riotous behavior at the workplace irrespective of cause or provocation. Since such acts disrupt normalcy at the workplace and interrupt work performance, they are serious, and Suspension-Pending-Inquiry will be apt and not an arbitrary act on the employer's part. The only point is the date and time of occurrence of the said incident as Suspension-Pending Inquiry is ordered immediately after the report of the incident or as soon as the preliminary inquiry is completed to ascertain prima facie facts of the case.

Steps to Take

Issue a charge-sheet or an Explanation Letter (also commonly referred to as a Show-Cause Notice) immediately, seek the replies, order an inquiry as per procedures, and based on the inquiry report submitted by the Inquiry Officer, take prescribed disciplinary action. Any shortcuts do not help.

Any such action worth taking is worth taking well in time.

Regards,
Harsh K Sharan
Kritarth Consulting Pvt. Ltd
[Email Removed For Privacy Reasons]

I completely echo Saikumar. He has provided a comprehensive HR perspective to deal with the situation. I think it is a more mature way of handling the people in question. It will be even more important to address the situation this way if these two individuals are your key talents. I would like to add my two cents here:

1. Counseling/Discussion with the two individuals is a must. You should involve their immediate supervisors, functional heads, and a senior HR representative in the discussion. During the discussion, four key points should be addressed:
- Describing the incidents
- How these incidents have negatively impacted others in the work area
- Discussing the Code of Conduct and the Organizational Culture
- Clearly outlining the unacceptable behaviors and the consequences as per the company's Code of Conduct.

2. Verify if they are apologetic (I'm sure they will be) and request immediate apology letters from them.

3. Issue a warning letter outlining the incident, the discussion points from the previous step, referencing their apology letters, and stating that you are taking a lenient stance this time. Emphasize the expectation that they will not repeat such behavior.

4. Ensure all communications are documented in their personal files.

5. Finally, seek consensus from the people managers and functional heads to slightly reduce their incentives. Assist the people managers in addressing this when distributing the incentive letters to the individuals. (If you have an incentive payout system. Otherwise, consider impacting their increment based on the severity of their misconduct.)

I hope this detailed action plan assists you.

Regards,
Nanda
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An altercation using unacceptable language between two employees in the presence of others is definitely not acceptable. It can amount to misconduct. Follow the normal procedure of issuing a show-cause letter. Upon receiving their show-cause reply, you may proceed to either give them a warning or impose a harsher punishment. This kind of behavior cannot be left unpunished.

Regards,
S. Ponusamy (Sam)

Mr. Nand Kishore has a well-laid-out procedure for conducting the process of reformation through counseling, etc. As he said, these may be your key talents and cannot be dispensed with for what is a behavioral aberration but not otherwise a threat to industrial relations or discipline. It is important to involve their managers/supervisors in the process, as he pointed out.

B. Saikumar
In-House HR & IR Advisor

I suggest you should look at their past behavior as well. If there have been no such instances earlier and the employees are above-average performers, then, in that case, a suspension letter will be too harsh. You can have a one-on-one discussion and sort out the issue.

Regards,
Vineet

Firstly, you have to make a compromise with both of these employees so that this type of incident does not happen in the future. Secondly, you should give them a verbal warning and tell them that if this type of incident happens again in the future, they should be terminated.

Regards,
Anshul Dhiman
HR Executive

Legally, what you can do is to suspend them forthwith to avoid disturbance to the work process. In due time, issue a chargesheet and conduct an inquiry to reveal the truth of what actually happened, as what you have heard may not be complete. After receiving the findings of the inquiry officer, make a decision on what punishment would be appropriate for their respective misconduct, if proven at all. This procedure is mandatory under the Standing Orders Act.

Another aspect to consider is to create an official record of what they might have done to have it handy if any of them repeats such conduct. If you don't create such a past service record, the next time anyone commits such misconduct, you can't legally consider their past record. This also affects the morale of other good employees.

Regards,
S.M. Paranjape, Labour Law Consultant, Pune
[Phone Number Removed For Privacy Reasons]

This is a serious misconduct. Issue a show-cause notice to both of them as detailed below and call for an explanation.

Show-Cause Notice

It has been brought to our attention that you have quarreled with each other and used unparliamentary language in front of a co-employee. This behavior has disturbed the contentment and comfort of others at work. This is considered serious misconduct, specifically: “Improper behavior, impertinence, or insolence.”

Therefore, you are required to provide a written explanation as to why disciplinary action should not be taken against you, within 24 hours from the receipt of this letter, for the above misconduct. Considering the gravity of the misconduct with which you are charged, you are suspended pending inquiry and final orders thereon.

For
Authorized Signatory

After receiving the explanation letter and upon completion of the suspension period, you will need to issue another letter allowing them to resume duty.

Thank you to everyone for providing your valuable comments regarding this query. I especially agree with Mrugen Vyas, Sai, and Nair for the suggestions they have given. This matter needs to be looked at from different aspects, and we must follow everything as per disciplinary orders, conducting proper cross-checks thoroughly. No employee should be terminated or punished until the root cause is identified.

Regards,
Kalpana Raghavaprasad

Such matters of employees' conduct at workplaces should be spelled out in the Personnel Policy Manual of every organization. If it is not so in your case, then first discuss the matter with seniors and others concerned (functional heads?). Once there is a consensus on how such matters should be dealt with, have it recorded in writing with the consent/approval of all senior management concerned. Then, you may ask them for their views on how this particular case should be treated, as no policy existed before this incident. Perhaps, being the first instance, you can issue a written warning to both abusive employees and observe their conduct for a period of time. Also, you should get their formal written apology for such inappropriate conduct addressed to all employees (for vitiating the work environment) and put it up on a Notice Board. Also, put the newly formulated policy on such matters (as discussed with and approved by Senior Management earlier) on the Notice Board, so all employees are made aware of the action they will face if such incidents are repeated.

There are various ways such matters are dealt with in organizations. In some cases, HR takes the initiative to have HoDs of both abusive employees discuss it in a closed-door meeting, and then take necessary action agreeable to both and implemented by HR. In some cases, the line managers take suitable action against each of the abusive employees. But, the occurrence of this very incident reflects poorly on HR for not having a policy on dealing with such issues. Hence, don't deal with this as a one-off case but strengthen your policies along the way.

Regards,
Ramesh