Creating a positive and productive work environment starts with clear expectations for workplace behavior. When team members understand their expectations, they’re more likely to thrive and collaborate effectively. 

Still, even in the best workplaces, disciplinary infractions happen. Well-defined workplace policies and quick, effective enforcement help employers maintain a safe workplace and positive team member morale. 

This article will review what constitutes a disciplinary infraction and how to create an effective code of conduct to encourage appropriate workplace behavior.

What is a disciplinary infraction? 

A disciplinary infraction violates a company’s rules or standards outlined in policies or the employee handbook. These rules set clear expectations for behavior and performance and consequences of breaches, which depend on the severity of the action and the team member’s history of previous infractions.

Organizations establish and enforce disciplinary policies to support a safe, inclusive, and productive workplace. Managers can empower team members to address infractions constructively to build a culture where everyone feels heard and valued.

Examples of disciplinary infractions  

Let’s look at some common types of disciplinary infractions and how they impact the workplace.

Theft 

Theft is considered a violation of company policies and can range from smaller infractions like stolen office supplies up to embezzlement. Mild incidents of theft may only result in a warning or suspension, while severe cases or repeat offenses may lead to termination.

Harassment

Harassment encompasses any offensive or unwelcome behavior targeting team members with protected characteristics like age, sex, race, or gender. The Equal Opportunity Employment Commission (EEOC) enforces laws protecting workers against harassment.

Harassment can be verbal, physical, or visual, and includes cyber-harassment or workplace bullying. If a colleague, manager, or customer harasses a team member off-site, it’s still considered workplace harassment. 

Single incidents of inappropriate behavior or teasing comments aren’t considered illegal, but if the behavior is unwanted, severe, or pervasive, it becomes illegal harassment. Companies can address harassment by establishing anti-harassment policies and creating safe reporting channels. 

Discrimination against an employee

Laws and regulations such as the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA) protect people from workplace discrimination. If a company or its representative treats individuals or groups unfairly based on their protected characteristics (including disability, gender, and race), that is discrimination. 

Examples of workplace discrimination include:

  • Denying benefits or opportunities
  • Unequal pay
  • Derogatory comments or jokes
  • Bullying

Businesses can help prevent harassment with clear policies, regular anti-discrimination training sessions, and a culture of respect and inclusion modeled by leadership. 

Physical or verbal violence

Workplace violence encompasses threats and physical assault. Specific violence-related infractions might include:

  • Physical altercations with colleagues
  • Threatening remarks or intimidation
  • Bullying
  • Carrying weapons in the workplace
  • Verbal abuse, such as yelling, name-calling, or derogatory comments
  • Making explicit or implied threats toward colleagues

Since workplace violence is a serious issue with potentially devastating results, companies can prioritize physical and cultural safety by implementing severe consequences. Disciplinary proceedings may lead to suspension, termination, or transfer to a different department or office. Other consequences may include a loss of reputation and difficulty finding future employment. Those involved in particularly serious altercations may face criminal charges.

Sexual assault 

Workplace sexual assault is considered a form of sex discrimination under Title VII of the Civil Rights Act of 1964 and is prohibited under federal, state, and local laws. 

Employers are obligated to create a safe workplace free from sexual abuse and to implement anti-harassment policies and regular training to define unacceptable behaviors and provide reporting information. 

Using company funds without permission

Although some cases of fund misuse are considered theft, other company policy violations are considered a misuse of funds. Such purchases may include:

  • Personal expenses (meals, non-work travel, or clothing)
  • Unauthorized equipment or supplies (upgrading tech without approval or ordering office supplies beyond what is necessary or approved)
  • Non-business subscriptions or services (Netflix or software tools unrelated to job responsibilities)
  • Gifts or perks (unauthorized holiday or birthday celebrations)
  • Unapproved vendor payments (hiring contractors without approval)
  • Charitable donations made without approval

Companies can encourage honest use of funds by providing specific examples of appropriate work-related expenses, outlining reimbursement procedures, and communicating spending policies to all team members. 

Insubordination

Insubordination is when a team member refuses to comply with a manager’s or supervisor’s lawful request, especially when characterized as a deliberate disregard for authority or established rules. 

Examples of insubordination include:

  • Openly defying a manager’s instructions
  • Refusing to complete assigned tasks
  • Disregarding company policies or procedures
  • Behaving disrespectfully toward superiors
  • Intentionally neglecting responsibilities

Depending on the severity and frequency of a team member’s insubordination, you can issue warnings, reprimands, suspensions, or even consider termination.

How to create and implement a disciplinary infraction policy

Clear infraction policies help companies limit and handle disciplinary issues quickly and effectively. Here are some essential steps to create a disciplinary infraction policy.

1. Clarify work expectations and employee rights

Give your people the information they need to succeed from the start. In their contract or an employee handbook, clarify expectations, rights, and behavioral policies, including:

  • Attendance policies
  • Behavioral expectations
  • Safety and reporting procedures
  • Remote work and hybrid policies
  • Expectations for communication and collaboration
  • Data security practices and policies
  • Anti-discrimination policies
  • Disciplinary action procedures
  • Any other workplace-specific rules

2. Define infraction behaviors

Identify and define behaviors your organization considers disciplinary infractions. Clarify which specific prohibited acts and inappropriate behaviors warrant disciplinary action and what the corrective action would involve. Make this information accessible through a handbook or other easy-access channels and communicate it to team members early in their onboarding process.

3. Appoint a disciplinary officer or enforcer

A disciplinary officer is a representative responsible for resolving incidents of misconduct and recommending corrective actions. They investigate incidents to provide managers and HR with a clear understanding of the facts and determine whether specific behaviors qualify as infractions. Disciplinary officers also ensure that disciplinary meetings are well-organized and provide people with an opportunity to share their perspectives.

4. Set up disciplinary procedures

Disciplinary procedures vary depending on the severity of the behavior and how many infractions a team member has on their record. Businesses might use: 

  • Meetings with HR or disciplinary officer: Disciplinary procedures often involve a face-to-face meeting with the team member’s manager, HR, or a disciplinary officer. These meetings, whether official or unofficial, provide an opportunity to address the issue, convey its seriousness, and allow the team member to ask questions or share their perspective.
  • Verbal warnings: A verbal warning is often the first step in the disciplinary process, especially if the offense is minor or the team member is a first-time offender. They usually involve a meeting to discuss the infraction, during which a manager lays out steps for the team member to rectify the situation.
  • Written warnings: Employers use written warnings to create an official record of misconduct. This warning defines the misconduct, consequences for additional offenses, and steps to improve the person’s standing.
  • Performance improvement plans: A performance improvement plan (PIP) offers your people specific steps and milestones for following policies and returning to good standing in the company. This method is often used for minor infractions.
  • Performance reviews: If team members are regularly disruptive or have engaged in more than minor infractions, management may set up frequent performance reviews. These reviews can discuss the issue, offer suggestions to improve the person’s standing, and record the team member’s efforts to rectify the situation.
  • Demotions or pay reductions: For severe infractions that don’t require a dismissal, companies may choose a demotion or pay reduction. However, it can be challenging to determine when a demotion is the right course of action. Demotions can impact morale and productivity, both for the individual and their team, so it’s crucial to ensure the decision is justified, clearly communicated, and aimed at encouraging improvement.
  • Termination or dismissal: Businesses may turn to dismissal as a final step for people who don’t improve behavioral issues or for particularly severe misconduct. 
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5. Maintain legal compliance

From policy development to enforcement, consistent legal compliance helps create a safe workplace to help you avoid legal consequences and protect your people’s rights. Maintain legal compliance by: 

  • Making detailed policies: Create policies with clear definitions of misconduct and examples of potential consequences.
  • Enacting progressive discipline: A graduated approach to corrective action helps you and your people create a culture of growth and trust. Start with verbal warnings for minor offenses and escalate to more serious consequences for major or repeat offenses.
  • Developing an investigative process: Investigate the presumed misconduct to gather evidence and ensure the behavior was a disciplinary infraction. A thorough investigation can also help you avoid discrimination claims. If, for example, you suspect a team member of insubordination in the form of neglected duties, consider whether their disability plays a role in the situation and whether you can offer accommodations to avoid future issues.

Keep your people safe with a clear disciplinary infraction policy

Workplace safety and trust are the foundation of a strong company culture. Implementing clear policies and fair procedures helps enhance employee wellbeing and overall business success. Consistently reinforcing these practices demonstrates your commitment to creating a workplace where everyone feels respected and valued.

A positive company culture isn’t built overnight. It requires consistent effort, transparent communication, and a commitment to fairness. When people trust that leadership will address issues with integrity and care, they’re more likely to feel supported, safe, and ready to contribute their best.