HR MANAGEMENT - What Constitutes Insubordination in the Workplace?

What Constitutes Insubordination in the Workplace?

by Mark Applegate, Demand Media

According to Lloyd Duhaime, a lawyer from the lawyer training center Duhaime.org, "in 'Garvin v Chambers,' a California case, insubordination was defined as refusal to obey some order which a superior officer is entitled to give and is entitled to have obeyed." In order to be certain you have grounds for employee dismissal and to protect your small business from liability to the Equal Employment Opportunity Commission (EEOC), it is important to thoroughly understand examples of insubordination.

Active Disobedience

You can quickly recognize active insubordination in the workplace. If an employee says to you that he will not do a job, and the job is legal and safe, he is likely guilty of insubordination. If an action will lead the employee to perform a task that is illegal or unsafe, according to Occupational Safety and Health Administration (OSHA), or it violates religious belief or other class within the EEOC, and the employee refuses to do it, it can not be classified as insubordination.

Passive Disobedience

Passive disobedience can be harder to identify at first. If an employee refuses to follow commands gradually, over time, or ignores established company policy manuals over time, she may be guilty of passive disobedience. This can be especially the case when employers train on a specific policy, employees understand expectations, and an employee decides to disobey.

Insubordination by Proxy

When an employee actively suggests or directs other employees to disobey a legal policy or supervisor demand, she can be charged with insubordination whether they obeyed the demand or not. Utilizing a supervisory role to disobey by proxy, while still obeying the command in person, is still a form of insubordination. The staff under the employees direction are an extension of her job performance.

Other Considerations

There can be a measure of subjectivity to recognizing insubordination. It is critical to be certain the command is not violating EEOC or OSHA law when identifying its occurrence. Generally, if you command a task be performed and it is refused, with no explanation, you can consider it insubordination. If the disobedience is seemingly based on preference, and you can not verify the rationale, wisdom dictates to forward the situation to a higher or different supervisor.