Reasons for Firing for Insubordination
Some employees, such as those under contract or those in a labor union, may only be fired "for cause." Individual facts and circumstances usually dictate what constitutes cause for termination. Often, an employer will claim that an employee is insubordinate. Insubordination, however, can be a gray area.
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Definition of "Insubordination"
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The exact definition of insubordination may vary according to state employment laws. According to the Boston website, insubordination is generally defined as "willful disregard for a manager's direct orders." Insubordination may also mean that an employee is overly confrontational to supervisors and management, according to the Coalition of University Employees.
Rudeness or Crude Behavior
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Generally, insubordination requires more than rude or crass behavior to warrant job termination. But rudeness may be indicative of insubordination. According to the Coalition of University Employees, rudeness coupled with further disrespectful behavior, such as openly calling a supervisor a derogatory term or name, could rise to the level of insubordination. It is important to look at all the facts and circumstances, including the prevailing workplace standards. If abrasive behavior or language is generally acceptable, then insubordination may require some other overt act.
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Examples
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An open and unambiguous refusal to complete a direct order is classic insubordination. That scenario may become less clear if other facts are present, such as being asked to do something the employee is not familiar with or being asked to do something that is not within the employee's job description. Additionally, calling out the supervisor or arguing about orders may also rise to the level of insubordination. The Coalition of University Employees notes that mitigating circumstances, such as the manager provoking the employee, may reduce the severity of the employee's offense.
Other Issues
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If an employer fires an employee for insubordination, the individual facts and circumstances of the incident should be reviewed carefully. Depending on the specific facts of the case, a cause of action for wrongful termination may exist. Discuss employment matters with a labor law attorney before bringing such an action.
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