3 Elements of Insubordination

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There's no concrete definition of what constitutes insubordination in the workplace. An

employee's insubordinate-like response in one workplace may be considered simply an
expression of the employee's personality trait in another workplace. Despite there being no
list of employee behaviors or actions that every employer would deem insubordinate, there
are three elements that many human resources experts use to determine whether an employee
is being insubordinate, according to Keisha-Ann Gray, senior counsel with the law firm
Proskauer, in her October 2011 article titled, "Defiant and Disrespectful" on Human
Resources Executive Online. These three elements -- work directive, acknowledgment and
refusal -- are useful for businesses that employ a small number of workers, as well as for
large corporations that employ thousands of employees.

Work Directive
Insubordination starts with the employee receiving the supervisor's or employer's order to
perform a job task. Examples of a supervisor's work directive include verbal or written
instructions to perform a job task, whether it's a temporary assignment or duties that a
supervisor expects the employee to perform on a consistent basis. For instance, a job
description could be considered a standing work order or work directive because it lists the
duties for which employees are responsible. Small businesses may not have formal job
descriptions, yet employees know their expectations and job duties upon accepting
employment. The first element of insubordination is the existence of a work directive,
supervisor's order, formal job description or implied set of duties.
Acknowledgment
The employee's acknowledgment of the work directive, his supervisor's order or his job
description constitutes the second element of insubordination. The acknowledgment doesn't
need to be in writing and in most cases isn't. It simply means that the employee understands
the work assigned and that it's been assigned to him. If it's a temporary assignment or a casual
instruction from the supervisor, a simple nod is all it takes to meet the second element of
insubordination, although a physical acknowledgment isn't required. By the mere acceptance
of a job offer, an employee has indicated that he understands what's expected of him and
agrees to perform the job duties.
Refusal
After the employee receives the assignment, work directive, instructions or job offer, her
refusal constitutes the third element of insubordination. The refusal could be overt, as in the
employee saying she won't do the work, or covert, in which case, she just does not do the
work. This element of insubordination needn't be blatantly disrespectful to be insubordinate.
For example, if a supervisor tells her employee to make a photocopy of the office schedule
every Monday, and the employee completes every other duty but copying the office schedule,
her nonperformance could be considered insubordinate behavior.
Caveats
Like many workplace policies, there are exceptions. When a supervisor instructs an employee
to perform a task that is unlawful or assigns a duty that would cause injury to the employee or
his coworkers, the employee's refusal may be justified. In addition, an employment
agreement or contract might contain behavior or actions the employer deems insubordinate.
In this case, the employment agreement trumps any existing workplace rules regarding
insubordination.
Curtailing Insubordination
Publishing the organization's code of conduct and its philosophy on mutual respect in the
employee handbook often isn't enough to prevent insubordination. Supervisors, managers and
employees may need a list of the behaviors and actions that constitute insubordination.
However, creating a list of all the behaviors and actions that constitute insubordination is
difficult, if not impossible. Instead, provide examples of insubordination in the employee
handbook and leave it to the supervisor's discretion to determine insubordination on a case-
by-case basis. Small businesses that operate without a formal employee handbook or standard
operating procedures must, at a minimum, provide employees with a set of guidelines to
which they must adhere. Consistent application of a workplace policy is an effective way to
curtail insubordination, such as a disciplinary warning or counseling whenever an employee
is insubordinate. Also, insubordination can occur at any level of the organization. Therefore,
the same, consistent application of the workplace policy that requires employees to perform
their assigned tasks should be applied when a director's or manager's actions are deemed
insubordinate.