On Reporting Workplace Malpractice

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.

Misinterpretation

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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Related articles

More articles on Ethics at Work:

Some Truths About Lies: I

However ethical you might be, you can't control the ethics of others. Can you tell when someone knowingly tries to mislead you? Here's Part I of a catalog of techniques misleaders use.

When You Aren't Supposed to Say: III

Most of us have information that's "company confidential," or even more sensitive than that. Sometimes people who want to know what we know try to suspend our ability to think critically. Here are some of their techniques.

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.

Counterproductive Knowledge Work Behavior

With the emergence of knowledge-oriented workplaces, counterproductive work behavior is taking on new forms that are rare or inherently impossible in workplaces where knowledge plays a less central role. Here are some examples.

On Standing Aside

Occasionally we're asked to participate in deliberations about issues relating to our work responsibilities. Usually we respond in good faith. And sometimes we — or those around us — can't be certain that we're responding in good faith. In those situations, we must stand aside.

See also Ethics at Work for more related articles.

Forthcoming issues of Point Lookout

Coming September 17: Workplace Bullying Doesn't Work

A common belief about perpetrators of workplace bullying is that they have an outsized view of themselves and their power. The truth might be rather different. They could be dealing with an addiction cycle — a sense of weakness after the effects of previous bullying incidents have dissipated. Available here and by RSS on September 17.

And on September 24: Time Is Not a Resource

In the project management community, it's often said that time is the most precious resource. Although time is indeed precious, to regard it as a resource — like finance, equipment, or people — can be a dangerous mistake. Time is not a resource. Available here and by RSS on September 24.

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