Insubordination Policy

News & Analysis as of

New Guidance Regarding Employee Handbooks Part Two: Employee Conduct Rules Can Prohibit Insuordination and Harassment But Cannot...

This post is the second in a series providing guidance on federal rules regarding permissible and impermissible employer handbook policies and rules. ...more

Insubordination Can Disqualify an Employee From Unemployment Compensation Benefits

Unemployment compensation is a form of social insurance. Workers who lose their jobs receive benefits – which are less than they earned when employed – to provide a level of income while transitioning to the next job. ...more

The NLRB Holds That Certain Activity on Facebook is Not Protected

The exact limits of employee protected speech on social media are still finding definition, but a recent National Labor Relations Board decision identifies at least one limit: premeditated insubordination. In Richmond...more

NLRB Finally Finds Facebook Activity That It Doesn’t “Like”

The National Labor Relations Board (NLRB) finally found a Facebook conversation it couldn’t bring itself to “Like.” In Richmond District Neighborhood Center, Case 20-CA-091748 (October 28, 2014), the NLRB held that a Facebook...more

Recent NLRB Decisions Condone Workplace Profanity and Insubordination - Employers Need to Know What Is Considered Protected...

An administrative law judge (ALJ) of the National Labor Relations Board (the "Board") recently found that a Hooters employee who cursed at her co-worker during an employee bikini contest was wrongfully terminated by her...more

NLRB Says Cussing Out Boss is OK, So What’s a Business to Do?

[Ed. Note: We know we’re a little late to the party with this one, but we just read the decision and had to share it for anyone else who has been in a news blackout for the past couple weeks.] You’d think that an...more

Now I Have to Allow Insubordination and Verbal Abuse Too?

Several weeks ago, in both a tongue-in-cheek and concerned fashioned, we wrote about a federal court decision that concluded an employer had to tolerate an employee’s admitted theft as a reasonable accommodation for her...more

Safety Committee Co-Chair Disciplined For Insubordination, Must Raise Matters In “Appropriate Forum”

A long-time co-chair of a plant safety committee has been disciplined after he confronted the employer in a “crew talk” meeting for failing to consult with the safety committee before implementing a new drug and alcohol...more

Florida Employers May (Still) Terminate Their Employees For Insubordination

In a legal environment where employers often feel the deck is stacked against them, it is good to know that Florida courts will support employers who do not discriminate, when they need to terminate an insubordinate employee....more

ARB: No SOX Whistleblower Liability Where Termination Of In-House Counsel Was Based On Insubordination

The ARB recently affirmed an ALJ’s decision that American Commercial Lines Inc. (the “Company”) did not violate the whistleblower protection provision in Section 806 of SOX where the Company demonstrated by clear and...more

Mississippi Court Holds Disrespectful Employee Eligible For Unemployment Benefits

In Mississippi, a person’s receipt of unemployment compensation is based on the reason(s) that their prior employment ended. Typically, the Mississippi Department of Employment Security will deny unemployment compensation...more

Employment and Labor Law Alert: NLRB Strikes Down Many Common Employment and Social Media Policies.

On Tuesday, just weeks after the National Labor Relations Board issued its first decision on an employer's social media policy in Costco Wholesale Corp., an administrative law judge joined in the Board's efforts to scrutinize...more

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