Workplace malpractice is any behavior related to job performance that deviates from standards, procedures, or reasonable expectations of the employer. For example, it would be workplace malpractice for a market researcher to intentionally include fabricated data in a report assessing the positions of potential competitors. I've explored workplace malpractice in previous issues — see "Counterproductive Knowledge Work Behavior," Point Lookout for September 21, 2016, for examples.
Several readers have expressed interest in the risks of reporting workplace malpractice. They ask, "If I've witnessed an incident or a pattern of workplace malpractice, what should I do?" There's no general answer. But if you're considering making a report, be alert to the risks. Below are some of those risks.
- Failure-to-report risk
- If you choose not to report what you know, you could be in trouble if people in authority learn that you knew what was happening and didn't report it. If one or more of the risks below seem substantial, and you feel unsafe making a report, consider reporting instead that you have information, but you don't feel safe reporting it. That might afford some protection against failure-to-report charges, and it might motivate your employer to address the safety issue.
- Confidentiality issues in the reporting process
- Most misconduct At work, there is no
such thing as a witness
protection programreport management processes do promise confidentiality to those who report misconduct. The best programs offer an anonymous tip line. If your employer doesn't provide an anonymous tip line, confidentiality can sometimes be breached. Be prepared for possible retaliation. In most workplaces, there is no witness protection program.
- Are you certain that you're interpreting correctly whatever you've witnessed? Are alternative interpretations plausible? If alternatives are plausible, your report might be inaccurate, and potentially damaging to you. If the alternatives are plausible, they can also provide you with valid explanations for failing to report what you witnessed: "Yes, I knew about that, but it seemed OK to me because I thought it was X."
- Misidentifying the real perpetrator
- The perpetrator of the malpractice might have been acting under instructions of a superior. If so, your report could affect that superior, who might be powerful enough to mitigate the effects of your report, and vengeful enough to seek retaliation.
- Invalid evidence
- Did you actually witness the incident? Or are you inferring malpractice based on contextual evidence? If the latter, might someone inquire about your failure to report that earlier contextual evidence? If not, report the incident anyway if you feel safe enough. If you have any doubts about your safety, see the comment above about failure-to-report risk.
- Witness testing
- At times, an incident you witnessed might have been conducted in your view solely to determine whether you could be trusted not to report it. The probability of this scenario is elevated if the "test infraction" is minor, or if you were asked in advance to be present, and asked afterwards to be silent. If you suspect "witness testing," you're working amongst sophisticated operators. How long you will remain safe, even if you cooperate, is difficult to predict.
At whatever level you estimate the risks of reporting malpractice, those risks are mitigated to some extent by hard evidence. Documents, recordings, photos, your journals, or records of any kind — anything you have that can corroborate your report. Collecting this kind of evidence might bear risks of its own, so take care. Top Next Issue
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More articles on Ethics at Work:
- When You're Scared to Tell the Truth
- In the project context, we need to know that whatever we're hearing from colleagues is the truth as
they see it. Yet, sometimes we shade the truth, or omit important details. Here's a list of some of
the advantages of telling the truth.
- When You Aren't Supposed to Say: II
- Most of us have information that's "company confidential," or possibly even more sensitive
than that. Sometimes people who try to extract that information use techniques based on misdirection.
Here are some of them.
- Difficult Decisions
- Some decisions are difficult because they trigger us emotionally. They involve conflicts of interest,
yielding to undesirable realities, or possibly pain and suffering for the deciders or for others. How
can we make these emotionally difficult decisions with greater clarity and better outcomes?
- Telephonic Deceptions: I
- People have been deceiving each other at work since the invention of work. Nowadays, with telephones
ever-present, telephonic deceptions are becoming more creative. Here's Part I of a handy guide for telephonic
- Some Truths About Lies: III
- Detecting lies by someone intent on misrepresentation is an important skill for executives, managers,
project managers, and just about anyone involved in knowledge-oriented organizations. Here's Part III
of our little collection of lie detection techniques.
Forthcoming issues of Point Lookout
- Coming February 28: Checklists: Conventional or Auditable
- Checklists help us remember the steps of complex procedures, and the order in which we must execute them. The simplest form is the conventional checklist. But when we need a record of what we've done, we need an auditable checklist. Available here and by RSS on February 28.
- And on March 6: Six More Insights About Workplace Bullying
- Some of the lore about dealing with bullies at work isn't just wrong — it's harmful. It's harmful in the sense that applying it intensifies the bullying. Here are six insights that might help when devising strategies for dealing with bullies at work. Example: Letting yourself be bullied is not a thing. Available here and by RSS on March 6.
I offer email and telephone coaching at both corporate and individual rates. Contact Rick for details at rbrenIyeJIiAfnGdKlUXrner@ChacsxirZwZlENmHUNHioCanyon.com or (650) 787-6475, or toll-free in the continental US at (866) 378-5470.
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