Magazine article HRMagazine

Do Insubordinate Employees Deserve A Second Chance?

Magazine article HRMagazine

Do Insubordinate Employees Deserve A Second Chance?

Article excerpt

When does insubordination warrant termination? There is no blanket answer to that question, since so much depends on context, but in many cases workers should be given a second chance.

"Not all insubordination is created equal," said Scott Fanning, an attorney with Fisher & Phillips. "For example, an employee cursing out his supervisor in the presence of co-workers may not be comparable to an employee refusing to sign a disciplinary action when required to do so."

Employers must show three things to prove insubordination when a person refuses to follow a directive, said Nathaniel Glasser, an attorney with Epstein, Becker & Green:

* A supervisor made a direct request or order.

* The employee received and understood the directions.

* The worker refused to comply through action or noncompliance. …

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