Employees Silent about Misconduct: 6 Things HR Needs to Do to Improve Reporting

Some employees are afraid to tell you about misconduct they’ve seen or experienced. And the silence can have even greater consequences than the actual misbehavior.

Fifty-five percent of employees experienced or witnessed misconduct, up 14 points in two years, according to HR Acuity’s Harassment and Misconduct Report. Two-thirds of those incidents were in an office environment. The top infractions employees see or experience:

• Favoritism/nepotism (37%)
• Bullying/intimidation (36%)
• Policy/code of conduct violations (27%)
• Corruption (22%)
• Age or gender discrimination (22%)
• Sexual harassment (22%), and
• Retaliation (21%).

But here’s the problem: Nearly a quarter of the people who witnessed or experienced misconduct in the office didn’t report it. Only about 15% of remote workers let it slide.

Why Aren’t They Reporting Misconduct?

Yet, it seems silly that anyone would not report misconduct because HR is better than ever at handling it: 75% of the employees who reported an issue had it investigated and resolved  — a marker that is up 16 points in two years. Of those resolved cases, 90% agreed that their issue was resolved fairly.  

So why isn’t everyone who witnesses bad behavior reporting it?

“A lot of it comes down to trust. When employees stay quiet, 46% say it’s because they’re terrified of retaliation,” says Deb Muller, Founder and CEO of HR Acuity. “Another 39% don’t believe the process will be handled fairly, and just as many think reporting is a black hole where nothing changes.”

Another big reason: Employees don’t know where to go when they aren’t comfortable talking directly about it. Although nearly every employer offers anonymous reporting, only 56% of employees know it exists! And that awareness makes the difference. When employees know an anonymous option exists, they report at nearly double the rate.

“Employees generally know when something is wrong. What they’re less sure about is what will happen if they report it,” says Muller.

Naturally, you want to prevent misconduct. And you want to stop any that persists. Getting employees to report misconduct and responding to their reports is critical.

Here’s help.

Getting Employees to Report Problems

“If you want people to speak up, reporting can’t feel like a one-time transaction,” says Muller. “It has to be part of an ongoing relationship of trust—from intake through to aftercare.”

To get employees to speak up:

• Close the awareness gap. Remember the large percentage of employees who don’t realize there’s an anonymous reporting channel? Show employees how to access and report through your anonymous channel during initial training. Bring it to their attention at least annually, perhaps during open enrollment. Keep it posted on your internal comm channels and on physical boards throughout your building (if one exists).
• Equip your frontline managers. Employees almost always turn to their manager when something goes wrong. “That manager is often the first person who can either keep the process moving or stop it in its tracks,” says Muller. Train them regularly to recognize the issue and know when to escalate or let it go so employees never feel like there’s no point in reporting.
• Close the loops. Starting an investigation into misconduct is not the end of your work to improve incident reporting. “Closing the loop with fair investigations, regular check-ins and active retaliation monitoring is what actually proves the system works. When employees see a process handled with integrity from start to finish, that positive experience builds trust and makes employees more likely to speak up again,” says Muller.

Responding to Reports

Regardless of the misconduct reported, frontline managers need to involve HR. So you want to ensure this is the first step in their training: Involve HR immediately.

From there, when misconduct reports arise, Muller suggests you:

• Investigate it. Employers are getting better at investigating. You’re already doing a good job here, considering that nine out of 10 employees whose cases were resolved felt the outcome was fair. Follow or create protocols to ensure a fair outcome every time.
• Provide aftercare. Nearly half of employees who’ve reported misconduct say they received no follow-up after the investigation closed. “A fair investigation isn’t worth much on its own. How you treat an employee after a case closes — that post-investigation check-in or aftercare — goes a long way toward determining whether they trust the system,” says Muller. Let them know what happened and what changed. Check in at 30 and 60 days to ensure they feel safe. If you don’t already have an aftercare plan, create one. This guide can help: How to Conduct Workplace Investigations: 10 Important Steps.
• Check for roadblocks. Every report of misconduct is an opportunity to review your process for handling it. “Fix the things that make it harder for people to speak up in the first place,” says Muller. Ask people if they felt it went smoothly and where it could be easier for them. Fine-tune the process based on the feedback.