Insubordination is the refusal to follow orders from a superior, which can result in termination. The order must be clear and legal, and direct or indirect refusal can occur. Whistleblowing and union representation are not considered insubordination. Documentation of warnings is necessary before termination.
Insubordination is the refusal to carry out orders given by a superior. While this concept is often related to the military, where stiff punishments may apply for refusing to follow orders because it threatens the hierarchy, it can also occur in the workplace. Under employment law, it is possible to fire employees who engage in a persistent pattern of refusing to do what they are told.
There are several characteristics that must be present before a situation can be considered insubordination. The first is that the order must clearly be an order, in the form of a verbal or written statement that includes some variation on the phrase “this is an order.” Someone who says “it would be nice if someone prepared this report” is not issuing an order; someone who says “Mrs. Jones, I order you to prepare this report” is making a clear order.
Also, the order must be correct and cannot violate the employee’s contract or the law. If an order is incorrect, there is no obligation to execute it.
In direct insubordination, an employee verbally refuses to carry out an order or makes it clear that the order will not be carried out. Indirect insubordination involves failing to complete an order, without explicitly stating that the order will not be executed. Sometimes, people refuse an order because they think it’s unethical or illegal. If this later turns out not to be the case, they can be fined for not complying.
Before someone can be fired for this behavior, the employer must document a past history, with oral and written warnings about not following orders and the consequences. This information can later be used to demonstrate that an employee knew that what he was doing was considered insubordination and that the employee was warned of the risk of termination if the behavior continued.
In the workplace, acts like whistleblowing are not insubordination. Whistleblowers are people who believe that a dangerous or unsafe situation is taking place and speak about it, either anonymously or publicly. They are protected by law because they protect safety at work. Similarly, people like union administrators may question the validity of an order in their role as union representative, because they are equal to management when they are supporting employees.
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