Define: Serious Misconduct

How is Serious Misconduct defined in a legal contract?

• Serious Misconduct means any behavior identified as a reason for termination in [organization]’s conduct, human resources, or other written policies or procedures. Seen in 98 SEC filings
• Serious Misconduct means an act of personal dishonesty connected with one's executive responsibilities, intended for personal benefit, a felony conviction, a willful act by the executive which is harmful to the [organization], or repeated violations by the executive of their obligations to the [organization]. To the extent curable, the executive will not be engaged in Serious Misconduct if, after notice by the [organization], they rectify the conduct which results in Serious Misconduct. Seen in 24 SEC filings
• Serious Misconduct means behavior of such a level that it would be unreasonable for the employer to maintain the employment during the necessary notice period. Seen in 22 SEC filings
• Serious Misconduct means the occurrence of any of the following: failure to perform one's duties to the [organization], any harmful act to the interest of the [organization], violation of [organization]’s rules, a felony conviction, misappropriation of [organization] property, or a violation of [clause]. If curable, Serious Misconduct does not become effective unless written notice has been given to the individual stating the reasons and the actions required to remedy it, and they fail to address it within a [number] of days. Seen in 19 SEC filings
• Serious Misconduct means engagement in conduct that [organization] considers to be serious enough to justify instant termination of employment. Seen in 18 SEC filings
• Serious Misconduct means behavior so serious that it may warrant immediate dismissal and could include, but is not limited to, sexual harassment, assault, theft, fraud, disregarding health standards, disobedience, repeated misconduct, failure to disclose a conflict of interest, and behavior that leads to significant loss of trust. Seen in 16 SEC filings
• Serious Misconduct means behavior that is serious in nature, but not as severe to count as gross misconduct. Seen in 14 SEC filings

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Which definition should you use?

🤔 Our AI Legal Assistant has combined and improved the above descriptions to create market-standard 'Genie definitions' below, with guidance on which documents and which industry to use for each.

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Genie Definition 1

Serious Misconduct means any behavior severe enough to warrant instant termination under the rules of [organization].

Relevant Contract Types

• Employment Contracts
• Partnership Agreements
• Vendor Contracts
• Consulting Agreements

Relevant Circumstances

• Breach of ethical standards
• Compliance issues
• Disruptive behavior
• Criminal actions

Relevant Sectors

• Human Resources
• Retail
• Healthcare
• Education

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Genie Definition 2

Serious Misconduct means deliberate violation of [organization] rules or regulations, theft, fraud, or harmful action towards the [organization]. Corrective action possible with notice.

Relevant Contract Types

• Non-Disclosure Agreements
• Shareholder Agreements
• Service-Level Agreements

Relevant Circumstances

• Theft of company property
• Violation of company policies and procedures
• Fraudulent activities

Relevant Sectors

• Information Technology
• Finance
• Manufacturing

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Genie Definition 3

Serious Misconduct means personal dishonesty in executive duties, felony conviction, or harmful willful act against [organization].

Relevant Contract Types

• Executive Employment Agreement
• Management Contracts
• Board Of Directors Agreement

Relevant Circumstances

• Mismanagement of company resources
• Misconduct in leadership roles
• Legal charges

Relevant Sectors

• Real Estate
• Entertainment
• Construction

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