Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer, Get an Answer ASAP!

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.
Please type your question in the field below

3 verified Employment Lawyers are online now

Employment Lawyers on JustAnswer are verified through an extensive 8-step process including screening of licenses, certifications, education and/or employment. Learn more

Online
Tina

Lawyer

Doctoral Degree

★★★★★
8184 positive reviews
Online
Allen M., Esq.

Employment Lawyer

Juris Doctor, Cum Laude

★★★★★
12436 positive reviews
Online
Marsha411JD

Lawyer

Doctoral Degree

★★★★★
12200 positive reviews
See all Employment Lawyers
JustAnswer in the news:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
Web sites like justanswer.com/legal
...leave nothing to chance.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.