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Questions about Insubordination Laws

Insubordination is the act of deliberate refusal of an employee to perform a task which is ordered by an employer. There are different ways an employee can be insubordinate. An employee that shows disrespect towards an employer, refuses to follow direction, and ignores company policies are all types of being insubordinate. Many people who want to learn more about insubordination ask the Employment Law Experts. The Experts answer a wide range of questions related to insubordination and insubordination laws. Below are five of the top employee insubordination questions answered by the Experts.

If an employee argues with their supervisor about a task, but completes the task, is this insubordination?

Insubordination is a term used to describe the willful or intentional refusal of an employee to follow a direct order of a supervisor. Disrespect towards a supervisor is another form of insubordination. Insolence is the act of insulting or harassing a supervisor. This sounds more like what has taken place in this situation. Even though you completed the task, you still argued with your supervisor. This showed a lack of respect for the supervisor's authority and usually results in a write up. You should try to talk to your supervisor and apologize for your rude behavior. Regardless of the situation, when an employer asks an employee to complete a task, the employee should comply and willingly follow any orders given.

If an employee curses their employer outside of the company, can the employer write the employee up for insubordination?

Regardless if you are at work or at the local club, your behavior may affect your employment. Generally, an employee's actions while away from work can directly affect them. Just because you are off the clock, doesn't give you the right to curse your supervisor or co-workers in a negative or inappropriate manner while discussing work. You should remember that your supervisor is still an authority figure and should be given the respect the title requires.

What can be done if an employer writes an employee up for insubordination because of inaccurate information or gossip?

Usually, an employer will investigate a situation before they start writing people up for insubordination. However, not every employer will waste their time on silly office gossip and may decide to include everyone involved and write warnings. This generally will put a stop to a situation before it gets out of hand. You can speak with your employer and try to tell them your side of the story. This may help clear you of any wrong doing and set the record straight. If the idle gossip or lies that are being spread throughout the office causes you to be terminated, you could sue the individual for slander. Proving a slander case can be extremely hard to do but not impossible.

Can an employer fire an employee for insubordination after the employee requests reasonable work accommodations due to a health issue?

Usually an employer will do everything they can to provide an employee with a comfortable work area and a work load that fits the employee's current health issue. However, some employers may be so busy that they feel put out by a request and seek optional ways to rid themselves of a situation. It would appear that you were fired in violation of the American Disabilities Act (ADA) after you requested accommodations for your disability. You need to contact the Equal Employment Opportunity Commission (EEOC) and file a complaint. Because your employer was in violation when they terminated you without good cause, you should be eligible for unemployment benefits.

If an employee is terminated for insubordination, are they still eligible for workers compensation that they were receiving before being terminated?

The loss of your job will not affect your workers' compensation (WC) claim. Your employer's WC insurance carrier's duty to pay for your WC injury has nothing to do with you being terminated for insubordination. If you would like more information about WC, you can go here: http://www.state.il.us/agency/iic/faq.htm.

Insubordination in the workplace has been an ongoing problem for many companies. Not every employee who has been accused of insubordination is guilty in the true sense. There are times that an employee may choose not to follow an order for safety; however, insubordination should be avoided. Many people are unaware of how their actions will affect them until it's too late. If you find yourself in a situation that requires legal insight, you can ask an Expert. The Experts answer many insubordination related questions and can answer any question that you may have. If you need answers fast, ask the Experts for a solution to your individual situation.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8061
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
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Recent Insubordination Questions

  • received call from hrd on 10/15/14 informing me that i was

    received call from hrd on 10/15/14 informing me that i was being terminated due to being out of work too long which resulted from a car accident on 3/17/14. they said it is effective on 10/18/14. i receive a letter from hrd on 10/17/14 stating that on 10/16/14 they would be changing thier records to reflect the termination, and that my medical benefits will end at midnight on that date (10/16/14). I expected to be paid out for a large number of accrued vacation time on the next scheduled payday which would have been today 10/23/14, but did not. called hrd and was told that i would be paid out in the next scheduled pay period, which will be 11/6/14. can they legally make me wait that long for my pay? and what is the legal time frame to expect any owed monies after being terminated?
  • Hello, My question concerns labor law in NJ. I am a part-time

    Hello,
    My question concerns labor law in NJ. I am a part-time worker in Atlantic County and I am alotted 20 hrs a pay period to work. When I started I was allotted more and never work the full amount. I even gave up hours and they gave me a maximum of 20 hrs. In the past several years I never work the full 20 usually 15 because of other committments. My vacation time and sick time are based on the 20 hrs. recently I have been told I have to either work the additional hours or I must use vacation time to make up the difference. I know supervisors have total authority with scheduling but I would like to know if this is true. It was never an issue before. My time was always optional. I do occasionally work the full 20 if there is a vacation or sickness. Do I owe time back? Thank you.
  • I was employed at a public school in MI for 1 year. I resigned

    I was employed at a public school in MI for 1 year. I resigned my position and work elsewhere now. They sent me a letter to say that they forgot to take out my Member Invesment Plan contributions from my paychecks last year and that now I owe them $3,200.00 ( a figure that does not even match up with the sum of their figures break down in the letter). Since I am no longer employed by this school district, am I required to send them a check. The district is corrupt and disorganized in every sense, and since I have already spent the money from the checks, I am sort of uneasy and unable to cut them a check for that amount. Is there any way out of the school's request?
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