It shouldn’t take a law degree to understand what constitutes “insubordination” at work – but the reality doesn’t always conform to common sense or dictionary definitions. What constitutes insubordination in one context may be protected activity in another. Here are some key points to consider:
1. Dictionary Definition
Merriam-Webster defines “insubordinate” as “disobedient to authority,” suggesting a clear scenario where an employee refuses to follow a superior’s directive. In practice, however, the boundaries are less clear.
2. Legal Definition (hint: there isn’t an official definition)
Legally, a wide range of behaviors can be classified as “insubordinate,” including tone and body language. If an employee follows orders but acts unprofessionally, they might still be accused of insubordination.
3. When Defying an Order Isn’t Insubordination
Insubordination typically refers to disobeying lawful commands. Employees can sometimes challenge disciplinary actions for insubordination if the refusal to obey involves orders that violate laws, suppress collective action, or constitute safety hazards. Whistleblowing may be protected. Additionally, if an employee raises concerns regarding illegal discrimination or harassment, an accusation of insubordination might not stick.
But it’s important to remember that bad behavior in the workplace – even if it seems amply justified – is still grounds for disciplinary action.
4. Following Orders with Attitude as Insubordination
Displaying a negative attitude while following orders can be viewed as insubordination. Actions like contempt, sarcasm, or disrespect toward a supervisor can be interpreted as defiance. We’ve seen clients get stuck with insubordination charges for behaviors ranging from swearing to rolling their eyes. One client was accused of insubordination when he threw papers onto his own desk in his own office, with his back to the boss.
And it’s not fair: management can be as unreasonable as they want to be, but if an employee is provoked into showing their irritation, the employee gets slapped with a disciplinary action.
5. When to Consult a Lawyer
Underneath all of this is the reality that management sometimes oversteps its bounds and then tries to blame employees for pushing back. And if this is happening in the context of discrimination, harassment, unsafe working conditions, collective action, or other legally protected situations, it’s time to call a workplace lawyer.
Conclusion
Insubordination in the workplace is not straightforward. Professionalism, attitude, and legal protections play significant roles in how conduct is perceived. Workers are stuck with the burden of understanding these nuances, trying to comply with lawful commands while advocating for their rights. Recognizing circumstances that protect against insubordination claims, especially concerning unsafe conditions, collective action, and discrimination, is essential. Ultimately, staying informed and, when necessary, seeking legal counsel can empower employees to protect their rights while staying professional—even when the workplace is a dumpster fire.
