Legal Definition of Insubordination
- According to attorney Lloyd Duhaime, the legal definition of insubordination is "willful failure to obey a supervisor's lawful orders." In short, an employee is required to follow any reasonable request by her employer in order to maintain the right to work for that employer.
- According to U.S. Legal Definitions online, three elements constitute insubordination. First, the supervisor or employer gave a direct order to the employee. Second, the employee understood the order. Third, the employee blatantly refused to follow the order whether through action, words or both. Harassment or lack of respect toward a supervisor can also be insubordination.
- There are several landmark cases on insubordination. Duhaime writes that, in cases like Sims v. Board of Trustees, Holly Springs Municipal Separate School District, insubordination was further mentioned to be constant or continuous refusal to comply with a direct or implied order from a supervisor who has the right to give that order.
- Typically, one incident of insubordination is not enough grounds for dismissal, but under certain circumstances, employers reserve the right to fire the uncooperative employee. Basically, if the employee knows the rules and knows his duties but refuses to comply, he could lose his job at the discretion of the employer.
- Insolence takes place when an employee insults or harasses a supervisor. Insolence is marked by disrespect, while insubordination is more of a refusal to perform as requested by management. Either case could be grounds for employee dismissal.
- When the employee's behavior involves abusive language, it may not be insubordination if the supervisor provoked the reaction. If there were no co-worker or customer witnesses to the behavior under question, the insubordination charge should be thrown out. Certain language is considered typical "shop talk" and may be excused.