How to Get an Insubordination Off My Employment Record
Being labeled insubordinate is never good when it comes to your employment status and it probably won't improve your chances for promotion. However, incidents of insubordination don't have to stay on your employment record forever. It's possible to restore or correct your employment record by following your company's appeals process, filing a grievance with your labor union's support or writing a memo requesting the insubordination to be removed.
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Instructions
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Obtain a copy of your employee handbook or your employer's workplace policies. Study the sections about appealing a supervisor's employment decision. If you belong to a labor union, read your collective bargaining agreement for instructions on how to file a grievance and contact your union steward for advice.
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Request a copy of your personnel file. There are no federal laws that require an employer to provide current or former employees with copies of their personnel files; however, some states have laws pertaining to employee access to their work records. If your employer has a company policy for requesting copies of personnel files, the employee handbook should explain the process.
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Contact your human resources department regarding the insubordination record and explain that you would like the record removed from your file. If your employer doesn't have a formal appeals process or if your company doesn't have a collective bargaining agreement that contains a grievance process, draft a written appeal concerning your request to have the insubordination removed.
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Construct a memo to your supervisor or manager and the human resources department regarding the details of the insubordination incident. Start with basic information, such as your title or position, job duties, department, supervisor's name and the date of the incident. Explain the circumstances, beginning with the manner in which you perform your job duties and your supervisor's request.
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State your interpretation of what constitutes insubordination and why you are filing an appeal. Include relevant, supporting information pertaining to your job duties and the reasons you believe the insubordination should be removed from your record. Examples of supporting materials include your job description, safety guidelines, evidence of work processes and past practices. Refine your draft memo, revise it and prepare the final version to submit to the HR department with a copy to your supervisor.
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Request a conference with your supervisor and the HR manager to plead your case. Prepare a statement to give during your conference or meeting to discuss the insubordination and your request for removing it from your employment record. Rehearse your statement until you feel confident about articulating your appeal.
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Tips & Warnings
Employers that do not have a formal appeals process for employment actions or a collective bargaining agreement for hearing employee grievances are likely to accept an employee statement that supports changes to an employment record. If you aren't successful in getting the insubordination removed from your employment record, request that your memo become a part of your official personnel file.
Give yourself time to construct a written appeal. If you are upset that your supervisor considered your actions insubordinate, wait a day or two to submit your appeal. This will enable you to write a memo that isn't based on emotions or anger.
References
- The University of Utah: Policy 5-203: Staff Employee Grievances
- Louisiana Department of State Civil Service: Civil Service Appeals
- Employer Protection; Reprisals for Refusing Management Order Believed to Be Discriminatory May Constitute Retaliation; August 2005
- Nolo: Employee Access to Personnel Files: Is It Required?
