How to Handle an Insubordinate Employee Who Apologizes

Failing to discipline an insubordinate employee can undermine management's authority.

Insubordination in the workplace is considered a serious violation of employee conduct policy and often subject to termination. Employee behavior may qualify as insubordinate when a worker deliberately and knowingly disregards or disobeys a direct order from a manager or supervisor that is within the employee's job description. Faced with disciplinary action, some employees may regret their actions and apologize to all concerned. How the company handles a repentant employee depends on several factors.

Things You'll Need

• Employee handbook
• Insubordination policy
• Job description

Instructions

1. Investigate the incident. Insubordination is a serious charge. Managers should interview the employee involved, her manager or supervisor, co-workers and any other employees who may have first-hand knowledge of the incident. The actions of the employee, the situation that prompted the actions and the other co-workers' involvement in the situation should all be considered. Document the interviews and obtain signed statements for the disciplinary action file.

2. Review the policy involved. Examine the exact wording to be sure that the employee's actions were insubordinate. Many employee disciplinary policies list insubordination as an offense meriting immediate termination. Ask the employee to explain the policy and how it applies to his actions. Depending on the seriousness of the offense and the true regret and apology of the employee, you may have an opportunity to counsel the employee and restore his employment.

3. Review any extenuating circumstances. Personality differences, office politics or policy interpretation can impact disciplinary decisions. An employee who is under personal or financial stress may break under pressure and use profanity in an argument with a manager. An employee who falls asleep on the job may be working a second job and getting only a few hours of sleep.Talk to the employee to determine if there are extenuating circumstances that prompted the insubordination. A sincere apology and change in work schedule or counseling may resolve the situation.

4. Consider the consequences. An employee who refuses a direct order that results in an unsafe environment for himself or other employees and then apologizes may deserve termination. In fact, ignoring the incident and allowing the employee to remain employed may compromise management's reputation. Employees may regard management as weak and unconcerned about the safety of others. Refusing to administer discipline, regardless of an apology, sets a precedent for future violations. If disciplinary action appears to be arbitrary, the company can be open to charges of discrimination.

5. Consult legal counsel for serious situations of employee insubordination. The company should work with a local attorney familiar with both state and federal employment law, especially with regard to discrimination. A female employee disciplined for insubordination despite an apology may claim sex discrimination when her male counterpart is excused under the same circumstances. Legal counsel can examine past disciplinary actions to determine exposure to employee complaints and suggest changes to policy or training to help managers make fair and equitable decisions.