Boom on Zoom: The Perils of Virtual Misconduct
It started innocently enough—a weekly team check-in, the kind everyone has been on a hundred times since remote work became the norm. Cameras flickered on, the agenda was shared, and someone joked about “another day, another Zoom.” But within minutes, a few small lapses of judgment turned an ordinary meeting into a lesson in digital decorum—and legal exposure. We have all seen it:
The Accidental Audience: When the project manager forgets to mute herself—and everyone hears her vent about her supervisor in real time.
The Background That Speaks Volumes: When the analyst’s camera turns on with an unmade bed and inappropriate items in the videoconference background.
The Uninvited Guest: When the remote worker’s non-employee guest shows up on screen, or makes audible sounds, during a meeting while the team discusses highly sensitive, confidential information.
The Misuse of Chat: When the head of sales accidentally sends a message intended for one meeting participant to the whole group, mocking the speaker’s presentation.
It happens.
In 2021, survey company Wakefield Research, which operates in nearly 100 countries and works with companies such as Microsoft, Verizon, and Pfizer, surveyed 200 executives who work at companies with at least 500 employees. The survey revealed that 24% of the executives had fired employees for inappropriate behavior during videoconference meetings. Thirty-eight percent of the surveyed executives also reported they had given “formal reprimands” due to staff conduct during videoconference meetings, with 40% of the executives also stating they had given “informal reprimands” because of staff conduct in videoconference meetings. In total, 83% of surveyed executives reported that some form of disciplinary action had been taken at their company because of conduct on videoconference meetings.
So what does this mean for employers and workplace investigators?
For employers, this survey underscores critical lessons. First, employers can create, disseminate, and enforce clear guidance on conduct in remote meetings. Without defined decorum guidelines, employees may inadvertently cross lines, which may necessitate an investigation. With nearly one in four executives acknowledging they have terminated staff for videoconference misconduct, having written policies could prevent such drastic outcomes. Second, given the frequency with which these videoconference issues arise, employers can have secure reporting tools and clear guidance for employees to report conduct they observe during these meetings. Considering 38% of surveyed executives had issued formal reprimands for videoconference behavior, consistent reporting and disciplinary procedures are essential to ensuring fairness and legal compliance. Third, given the popularity of remote working environments, employers can adapt investigation protocols to address videoconference misconduct immediately, ensuring they comply with their legal obligations.
For investigators, you play an important role in assisting the decision-maker by reaching findings of fact as to whether the conduct occurred, and applying the relevant policies to determine whether the conduct violates those policies. Having a clear understanding of the employer’s guidelines and expectations for videoconferencing is core to your investigation. But even in the absence of specific videoconferencing policies, the conduct may implicate other policies—such as codes of conduct, or an anti-harassment policy.
While many employees are returning to the office—either full-time or hybrid—these issues are not going away. And while we figure out management of this issue, there is no doubt that we will face yet another new issue in this ever-changing era of technology. Stay tuned for those blogs. Meanwhile, we at VM hope this was a helpful five-minute read.
