What To Do When a Colleague is Behaving Badly
By Tina Vasquez (Los Angeles)
One day while at work, you receive an anonymous note under your door informing you that one of your firm’s sales managers is rumored to be frequently intoxicated while at work. Not just any sales manager, however, but one who’s known as being a real “rainmaker” and a favorite among senior management.
If that’s not bad enough, he’s also carrying on an affair with a woman in the sales department and is becoming known for yelling and cursing at colleagues while intoxicated. If this sounds like the plot of a very dark comedy, think again. Theresa Jones (not her real name), the head of HR for a regional office of a large international consulting firm, said she had to navigate her way through this very scenario. And according to a recently-released survey, this type of workplace behavior may be more common than you think.
The study revealed that of the 500 London-based mid-mangers surveyed, one in 10 admits to taking illegal drugs at work and work-related social events. It was also discovered that more than 29 percent have witnessed colleagues taking drugs, with class A drugs (those treated by the law as the most dangerous) being the most widely-used. For London-based professionals, the most popular drug seems to be cocaine, with 40 percent of workplace drug users admitting to using the stimulant at work.
While addiction may be the cause of this bad behavior, other factors also come into play. Apparently, peer pressure is prevalent outside of high school, as this reason was cited as the most common for taking illicit substances at work. Nearly 21 percent surveyed said they partook “because everybody else is taking them.” Perhaps more shocking, one in five said they participated in illicit behavior because their boss did and they thought participating would make them more apt for a promotion.
Participating in this type of bad behavior could suggest bigger problems, like alcoholism or drug addiction (five percent surveyed blamed addiction) for your colleague. But what are you supposed to do if you suspect a colleague is using at work or engaging in other harmful, illicit behaviors?
A Risky Approach
Obviously, unethical behavior in the workplace is a very touchy subject. Not only can it be difficult to approach a colleague about this situation, but those who do must proceed as delicately as possible. Even under the best circumstances, it’s not out of the question that the colleague may try to retaliate.
Jones, whose story was mentioned earlier, was concerned about the firm’s liability as a result of the alleged behavior of the company’s sales manager. Initially, she kept the note to herself, began a file, and tried to get as close to the manager as she could by becoming more familiar with the sales team. There was one problem, however: much of his work was done out of the office, making it nearly impossible for her to uncover any direct evidence of the drinking or the alleged affair.
Jones believed the next best move was to befriend those in the sales group, which is exactly what she did. She zeroed in on two people in particular, hanging out with them outside of work and going to lunch with them regularly. Soon enough she began dropping hints that she knew what was going on with the sales manager and the two employees felt comfortable enough with her to admit what they had seen, but didn’t want to go on the record out of fear of retaliation.
She was eventually able to gather enough information to approach the firm’s in-house counsel and consult with the COO. Together they decided to approach the sales manager and bluff him, misleading him on the amount of evidence they had and providing him with the opportunity to resign within six months, which would include a severance package and assistance fining new employment. If he refused, they threatened a full and thorough investigation and terminating him with no package. The sales manager stepped down quietly.
Addressing the Issue
Her approach was a risky one; the sales manager could have denied the allegations and sued for wrongful termination, resulting in a long, expensive, and not to mention awkward legal battle. If you suspect a colleague is participating in illicit activity that could damage your company, but you’d like more of a game plan, Desiree Moore has what appears to be a foolproof plan for navigating these waters.
Moore launched Greenhorn Legal LLC in 2011 with the intention of working with law firms and law schools to provide intensive training for new lawyers as they transition from law school into a real world practice. According to Moore, new lawyers can lack core competency practitioner skills – including professionalism and ethics skills, which impedes their ability to contribute to their law firms meaningfully.
“In a law firm environment, conduct is generally self-regulated, so from time to time people try to bend the rules,” Moore said. “As a junior attorney, it is incredibly difficult to try to generate the confidence to confront a colleague who you believe is behaving inappropriately or unethically. For this reason, part of the training program I developed for young lawyers address this precise issue.”
A lawyer’s conduct is largely governed by specific, pre-determined ethical rules administered by the American Bar Association (ABA). The rules address the responsibilities of lawyers in the face of harmful, illicit, or inappropriate behavior. Essentially, lawyers have a responsibility to behave ethically and ensure that others are doing so as well.
In Moore’s Greenhorn Legal programming, the Adjunct Professor at Loyola University Chicago School of Law invokes real world scenarios to take an in-depth look at the rules from the perspective of new lawyers while also covering a lawyer’s obligations to report misconduct. The ABA model rules state that when “another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects,” the lawyer is required to inform the appropriate professional authority.
The Rubrics
Moore developed her own rubrics for adhering to professional standards of the practice, including obligations to report the misconduct of others, but her guidelines go beyond the law profession, providing an excellent resource for anyone who finds herself in the uncomfortable situation of having to decide whether or not to call a colleague out on their bad behavior.
“It is terrifying to report the misconduct of others and this can result in not reporting the misconduct at all,” Moore said. “We have all heard stories about retaliatory firings and hostile work environments and because of this, we may be concerned about jeopardizing our own jobs in the name of reporting misconduct. It is often easier to do nothing than to become embroiled in something that will potentially impact our own well-being.”
If you are motivated enough to move forward with your suspicions, Moore recommends that the first thing to keep in mind is adhering to the hierarchy. Meaning, if someone is in a better position to report the misconduct, do not circumvent his or her authority.
“If someone else who is better positioned to address the situation, do not circumvent or go around this person. Let the person closest to the situation decide if the conduct at issue is in fact improper or unethical,” Moore said.
If a higher-up isn’t closer to the situation, before anything else, you have to gather all of the facts. Moore recommends keeping a detailed record of the facts and be “110 percent certain” of the situation and be positive there is no misunderstanding before you move forward. It’s also a good idea to seek guidance from a trusted mentor or advisor, but it is absolutely necessary that you don’t proceed in a way that can be considered gossiping or rumor spreading about the situation. Moore says your own professionalism will depend on the level of discretion and care you apply to the situation. Discussing the situation with your mentor or advisor will help you determine whether you’re sure that you’ve identified a real issue. No accusation can stand on instinct, feeling, misinformation, or general suspicion alone, Moore says.
According to Moore’s rubrics, the next step is to evaluate the significance of the conduct. If in your fact gathering process you learn that the conduct is self-contained, meaning it does not impact you, the firm, or firm clients in any way- even if it is out of line with your personal values- it is likely not your responsibility to confront the situation.
“Even if we do not agree with certain conduct of our colleagues, there is an element of live and let live in any corporate environment and adhering to this will save you a lot of strife in the end,” Moore said. “Anytime you are reporting misconduct, even if wholly warranted, you are involving yourself in what may be a long, drawn out, emotionally trying process. Evaluating up front the significance of the conduct and whether it is actually a violation of any ethical rules is a critical step.”
The final step, of course, is deciding on the best avenue for reporting the conduct. Depending on the circumstances, it might be best to speak directly with the person involved in the improper conduct, but only if a relationship with the person has already been established and you have a firm understanding of how the person might react. If this is not an option, the next best approach is reporting the misconduct to an authority, such as your boss or an HR director.
“You have to be prepared to support any accusations with specific facts. You also have to be prepared to see it through to the end,” Moore said. “Once you report, you will be an integral part of the investigation that takes place, whether formal or informal.”
