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Examining Insubordinate Behavior

April 13, 2006

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When you encounter a situation where you think an employee is being insubordinate, before you react by punishing the employee, ask yourself the following questions to make sure that discipline is the appropriate action to take:

1. Assess how the order was issued. The best way to communicate an order is a clearly written memo or order that explains who should do what, when it should be done, where they should do it, and how they should do it. If orders are being communicated orally, make sure the employee understands what you want.
   • Was the directive issued orally?
   • Was it issued face-to-face?
   • Was the directive a written memorandum?
   • Who gave the order?
2. Assess the employee's understanding of the order.
   • Was the directive clear?
   • Was the employee aware of the objectives of and duties imposed by the directive?
   • Did the employee directly refuse the order or circumvent it?
   • Was the refusal intentional?
   • What would have constituted reasonable compliance with the order?
3. Could other workplace factors have influenced the employee's actions? It could be that, due to some factors, the employee did not willfully intend to disobey.
   • Was the behavior common in the workplace?
   • Was the conduct in any way provoked by a supervisor or coworker?
   • Did the employee exhibit a pattern of insubordinate conduct?
   • Has the employee been told what behavior is unacceptable?
   • Were employees informed of policy?
   • Have you consistently enforced the policy?
   • Was the order a proper exercise of management authority?

• Assess the appropriateness of the order. Maybe the employee had a good reason for not obeying the order. The law protects employees who are fired or disciplined for not obeying orders that are in violation of the law.
  • Was the employee's refusal to obey based upon legal rights?
  • Did the order require the employee to perform unsafe or illegal duties?
  • Were the rules or directives related to the efficient and safe operation of the business?
• Assess the impact of the insubordinate conduct.
  • Did it disrupt workflow or harm the business?
  • Did it pose a safety hazard to the employee or coworkers?
  • Did it affect the morale of other employees?
  • Was it unacceptable conduct because of the employee's skills or professional level?
  • Could the conduct be corrected easily?

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