Key Takeaways

  • Insubordination involves employees disobeying or disrespecting authority, which can disrupt the work environment and team relationships.

  • Instances of insubordination include ignoring direct orders, using disrespectful language, or openly mocking management decisions.

  • Misunderstanding, concerns about an order's ethics, or private conversations about why something wasn’t done are usually not insubordination.

  • Address insubordination with appropriate measures, ranging from verbal warnings to termination, depending on the situation's circumstances.

  • Clear communication of policies, consistent application of rules, and proper documentation of insubordination help reduce legal risks. 

  • Prevent insubordination with clear expectations, effective communication, and promoting a positive work culture.

  • Post a job on UpCounsel to find an employment lawyer in your state.

Insubordination is a common source of conflict in workplaces. When employees defy orders or disrespect authority at work, it undermines the overall work environment and disrupts team dynamics. 

For managers, knowing how to handle these situations is important from a legal standpoint and creating a positive workplace culture. 

This article will include examples of insubordination, how to prevent and deal with it, and important legal considerations. 

What is Insubordination?

Insubordination refers to an employee who is outright disobedient, disrespectful, defiant, or mutinous to a manager or owner of a business. 

Examples of Insubordination at Work

Insubordination manifests in many different forms. Below, we’ll share some more specific examples of insubordination. 

  • Refusing to obey commands of a supervisor.

  • Showing disrespect to higher-ups, such as using vulgar or mocking language.

  • Directly questioning or mocking management decisions.

  • Displaying non-verbal gestures of disrespect, including eye rolling. 

Other indicators of insubordination include: 

  • A directive was issued, but it was never followed through intentionally.

  • The employee understood the instructions that were given but refused to comply.

  • Non-performance or outright refusing to conduct a task. 

Your employee handbooks or manuals should also include specific examples of insubordination. 

What Is Not Insubordination

As an employer, you’ll more than likely come across specific instances of workplace conflicts or misunderstandings throughout your career. However, conflict and misunderstandings should not always be conflated with insubordination.  

Here are a few examples of those situations that likely aren’t insubordination: 

  • If the employee misunderstood any instructions and did not complete a task as a result.

  • An employee may question the ethics or legalities of a directive from a manager who did not follow the command. The employee should express such concerns to another higher-up.

  • If an employee engages in a private conversation conveying why a direct order was not satisfied.

Understanding the differences between insubordination and other issues, such as failure to follow instructions, defiance, pushback, insolence, and disagreement.

Case-By-Case Basis for Insubordination

A blanket policy regarding insubordination should be in place, but individual scenarios sometimes apply.  

For instance, you can choose a necessary course of action based on an employee's behavior pattern and history.  

Verbal or written warnings for first-time infractions, especially minor ones, are often appropriate. However, a light response to major instances of disobedience sends a bad message to staff members.  

Still, a harsh response to minor instances could foster discontent among staff members. 

Further Action Taken

Be prepared for a response when terminating someone. 

For instance, a former employee may challenge your decision legally, or the employee may wish to claim unemployment benefits.  

In these cases, you must  be able to show a direct disregard for a specific command and that the employee understood directives but chose not to comply.  

Apply the rules consistently and do not show favorites. Otherwise, you risk decreased morale and dissatisfaction among your staff members.

Causes of Insubordination

There are several potential causes for insubordination. 

Learning more about them can help you resolve these situations and determine your next steps. 

Managerial Issues

Insubordination can take many forms, including among managerial staff.  

The same policies should apply to managers, who should avoid playing favorites between management and subordinates.  

A manager may try to oust an employee in pursuit of a position takeover, or a manager may issue unreasonable or impossible tasks to complete.  

In such cases, hear both sides and use your best judgment to render a proper solution. Listen to your managers regarding any employee who shows signs of insubordination.

Workplace and Management Inefficiency

Insubordination could also result from workplace and management inefficiency. 

In fact, a 2020 study found that employee insubordination is often a reaction to abusive supervision and/or non-productive managers

Perhaps an employee is taking on the duties of three employees and cannot handle additional work. Stress can also be a factor.  

Before firing someone, take the time to understand any circumstances or factors that may have caused an employee to act out.  

For example, employees could be working in harsh workplace conditions. In this case, you should evaluate how your workers are treated and their working conditions before taking action with a specific employee.  

Notes: Listen to the input of your most valued employees to learn of any conflicts or problems. Ask valued employees of anyone fostering discontent in the workplace and pinpoint the source of dysfunction by terminating that person or issuing a stern warning.

Bad Employees

An employee could show outright disrespect or insubordination that is easily identifiable.  

For example, an employee is talking badly about management to other employees.  Another cause for concern is an employee who gossips about others or slanders. 

If situations like these occur, respond swiftly based on your judgment and according to your policies.

Solid Grounds for Termination

In some cases, establishing reasonable cause for termination is fairly straightforward.  

Common examples include: 

  • Employees may lose the respect of managers or company owners and could dismiss commands or miss deadlines intentionally.

  • Insubordinates may issue multiple excuses and will not apologize for missed deadlines or uncompleted tasks.

  • An employee may attempt to blame other members for missed or incomplete work.

  • An employee won’t take responsibility for their actions.

  • Employees may be consistently late or blatantly disregard work schedules, affecting workplace efficiency. 

You might notice these actions in a pattern over time and issue warnings to an individual to correct their behavior. Terminating is likely warranted if they do not correct themselves after ample warning.

Preventing Insubordination

Effectively communicating workplace policies and the consequences for disobeying them is critical.  

One of the best ways to communicate this information is with clearly written memos or documents explaining:  

  • Who should/shouldn’t do what

  • When it should/shouldn’t be done

  • Where it should/shouldn’t be done

  • How it should/shouldn’t be done 

When issuing orders, make sure employees understand the directions given and ask if they have any questions.  

Confirm that human resources employees are also well-versed in specific instances of insubordination. 

While these prevention methods can be helpful, memos, handbooks, and other communication will not completely prevent insubordination in your workplace.

How to Handle Insubordination

Despite your best efforts, insubordination can still happen 

When it does, you have various options at your disposal, including termination or some form of disciplinary action.  

Employers can handle insubordination in the workplace in various ways, but the most direct way is to terminate employment

Keep in mind that immediate termination may not be the best solution. Before firing someone, take some time to collect yourself, and avoid making a decision on the spot if possible. 

It’s important to be prepared ahead of time and know the specific disciplinary measures to take if insubordinate behavior happens in the workplace.  

For example, if the behavior does not warrant termination, you could send an employee home for the day and warn them not to display such behavior again.  

You could also suspend the individual or provide/recommend counseling if they are going through personal problems or substance abuse issues.  

The appropriate measures depend entirely upon the circumstances of the insubordination. As such, assessing the impact of insubordination and determining its extent is crucial.

Legal Aspects of Insubordination

Insubordination must be handled carefully and legally, especially if it results in firing the employee.  

To be sure you have a legally defensible position for your actions when an employee is insubordinate, there are certain best practices to follow.  

They include: 

  • Clearly Communicated Policies and Expectations: Before responding to an insubordinate employee, ensure they are fully aware of the company’s policies. 

  • Progressive Discipline: Create a policy that involves escalating responses to misconduct to allow the employee to correct their behavior. These escalating responses can include verbal warnings, written warnings, suspension, and termination

  • Consistent Enforcement: Do not give any employees special treatment as this increases your risk of being accused of favoritism. In the event of insubordination, all employees should be treated the same to avoid creating grounds for litigation. 

  • Proper Documentation: Document the incident of insubordination, what transpired, communication with the employee, and other details. This information serves as documentation that the company was following procedure. 

  • Termination Practices: Terminations must be handled carefully to secure a viable defense against wrongful termination claims and any other legal challenges based on documented evidence of prior insubordination. 

  • Anti-Retaliation Protections: Do not confuse insubordination with protected conduct, such as whistleblowing. Otherwise, you risk being accused of retaliation which can result in legal liability. 

Along with these measures, speak with a lawyer to ensure your policies are legally sound. Before terminating an employee or taking any other significant actions, a lawyer’s expert guidance is imperative. 

Speak with a Lawyer About Insubordination

To learn more about insubordination in the workplace and what you can do to minimize it, post a job on UpCounsel’s marketplace to find an employment lawyer in your state.  

UpCounsel accepts only the top 5% of lawyers on its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law. They average 14 years of legal experience, including work with or on behalf of Google, Menlo Ventures, and Airbnb.