Insubordination

 

Insubordination can result when difficult employees intentionally disregard a direct order from a manager, or inadvertently cross the discipline line when company policy is involved. Knowing how to handle employee insubordination can go a long way toward avoiding legal consequences when discipline or discharge is necessary. Questions may arise on whether there are any official definitions or legal guidelines on what constitutes insubordination; or what legal protections employees enjoy when safety or bias concerns surround the employee misconduct.

 

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FAQs

1. Are there any official definitions or legal guidelines on what constitutes insubordination? 
   
   
2. An employer asks an employee to perform a duty that is not in her job description, and she responds, "It's not my job." Is this considered insubordination?
   
   
3. What are some reasons why an employee who refuses to follow a direct order should not be considered insubordinate? 
   
   
4. During the busiest period of the year, a veteran employee asks for time off to attend her nephew's graduation. After being turned down, she calls in sick on graduation day. How should this situation be handled?
   
   
5. Are employees who turn down job assignments they consider too dangerous subject to discipline or discharge?
   
   
6. A manager tried to talk to an employee about a mistake the employee had made. The employee explained that he had not made a mistake, but the manager didn’t believe him. The employee became frustrated and blew his top; he started yelling and cursing at the manager. After an investigation, it turns out that the employee was correct after all; the manager had the wrong information and the employee had not made a mistake. Was the employee justified in his reaction? 
   
   
7. An employee with bipolar disorder becomes angry with her supervisor during a meeting in which he provides some constructive criticism of her work. When she gets up to leave the meeting, he tells her that she cannot leave until he has finished discussing her work. She curses at him and leaves anyway. He fires her, the same punishment given to any employee who is insubordinate. If the employee’s behavior was caused by her bipolar disorder, is the termination a violation of the Americans with Disabilities Act (ADA)? 
   
   
8. Despite being given 2 hours' notice, an employee refuses to work overtime at the end of his shift because he has plans to attend his son's Little League game. Is this insubordination? 

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HR TOOLS

Forms/Documents

Initial Warning Memo (Free)

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Follow-Up Warning Memo (Free)

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Critical Incidents Log (Free)

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Critical Incidents Form (Free)

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Employee Coaching/Counseling Worksheet (Free)

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Verbal Warning Form (Free)