Flagrant Misconduct Law & Legal Definition

The term flagrant misconduct means extremely, flauntingly, or purposefully conspicuous misconduct, usually because of uncommon evil, unworthiness, unpleasantness, or truculence.

The four factors for determining flagrant misconduct are:

a. the place and subject matter of the discussion;

b. whether the employee's outburst was impulsive or designed;

c. whether the outburst was in any way provoked by the employer's conduct; and

d. the nature of the intemperate language and conduct. [Dep't of the Air Force v. FLRA, 294 F.3d 192, 195 (D.C. Cir. 2002)].