Employers may face difficult decisions when workers disregard instructions, challenge supervisory authority or repeatedly refuse assigned duties. Although managers need to maintain workplace standards, not every disagreement amounts to insubordination.
Before dismissing a worker, employers should consider the circumstances surrounding the conduct. A refusal involving workplace safety, unpaid wages or another protected employment right may require a different response from deliberate defiance of an ordinary job instruction.
What conduct qualifies as insubordination?
Insubordination involves a deliberate refusal to follow a lawful and reasonable instruction from someone authorized to give it. For example, an employee who repeatedly refuses an assigned responsibility without a valid explanation may face disciplinary action. The same may apply when a worker knowingly disregards an established workplace procedure.
However, California employers must distinguish misconduct from legally protected activity. Workers may have the right to report unsafe conditions, question unpaid wages or refuse work that presents certain serious safety hazards. Punishing an employee for exercising a protected right could expose the business to a retaliation claim.
How can employers justify termination?
Employers should investigate the incident before deciding whether dismissal is appropriate. Reviewing written instructions, speaking with witnesses and giving the employee an opportunity to explain can help establish what occurred. In addition, keeping accurate disciplinary records helps demonstrate that the decision was based on legitimate workplace concerns.
California follows at-will employment principles. This means an employment relationship may usually be ended by either party. However, this does not permit termination for unlawful reasons, including prohibited retaliation or discrimination. Employers should try to ensure they review applicable employment contracts and workplace policies before proceeding.
When repeated insubordination disrupts operations or creates serious safety concerns, termination may be justified depending on the facts at issue. Employers facing a disputed disciplinary matter should seek legal guidance from an employment law professional to assess their obligations and reduce the risk of an unlawful termination claim accordingly.