Insubordination can be active or passive. Active insubordination may be the refusal to do something, challenging the directive, confrontational behavior, the use of abusive language or even physical violence. Passive insubordination may be exhibited by the employee's willing failure to complete a task.
To prove insubordination you must establish three important elements:
- It has to be recognized as a direct order.
- The employee received and understood the order.
- The employee refused to obey the order through an explicit statement of refusal or through nonperformance.
- Assess how the order was issued. It can't be a suggestion. Whether verbal or written, did it clearly communicate the who, where, what and when?
- To establish insubordination, the order must relate to work being performed. Always validate that the order was reasonable.
- Could other factors influence the employee's actions? Perhaps the employee did not willfully intend to disobey. Does the employee have a pattern of unacceptable behavior?
- An employee has the right to refuse an order if they are being asked to do something illegal or dangerous, or in violation of a published safety rule.
- The employee must be told that failure to perform the task/assignment is grounds for disciplinary action on the basis of insubordination.
- Allow employee adequate time to comply with order before discipline is imposed. You can't ask an employee to complete a 2 hour task in 30 minutes.
- Was not provoked by the manager.
- Occurred in the presence of other employees or customers.
- Was not an example of "shop talk" in the workplace.