Navigating the employer-employee relationship can be challenging—and when it comes to insubordination at work, it becomes even harder. Whether you are an employee who has been accused of insubordination or an employer dealing with an employee behaving in an insubordinate manner, understanding the legal framework for navigating these issues is important.

This blog post will cover what you need to know about insubordination, explaining what insubordination is, providing examples of insubordination, highlighting the consequences of insubordination, and offering tips on how to address insubordination in the workplace.

What is Insubordination?

Generally speaking, insubordination refers to an employee deliberately refusing to obey the instruction of their employer. However, insubordination is more than simply disagreeing with an employer’s instruction: to reach “insubordination”, an action usually involves an active defiance of authority.

Examples of Insubordination at Work

Insubordination can take many forms, and does not always relate directly to work performed in relation to employment. For example, the following situations may be classified as insubordination:

• When an employer asks an employee to perform a task and the employee refuses to do so.
• When an employee responds to a manager’s request or instruction with insulting or derogatory remarks.
• When an employee intentionally ignores an employer’s instructions.
• When an employee unfairly challenges or criticizes a manager’s decision in front of other staff members.

Can You Be Fired for Insubordination at Work?

Yes, an employer may choose to terminate an employee’s employment for insubordination. Usually, firing an employee for insubordination will entitle an employer to fire the employee “with cause”, meaning that they will not be entitled to the pay or notice requirements outlined in the Employment Standards Act.

When Can an Employee Be Fired for Insubordination?

Firing an employee “with cause” requires significant justification on the part of the employer. In the case of insubordination, an employer may have grounds to fire an employee with cause if the following conditions are met:

• The employee has engaged in insubordination;
• The level of insubordination is severe; and
• The insubordination has negatively impacted the workplace and employer, or caused harm to the workplace environment.

Keep in mind that the decision to fire an employee with cause should not be taken lightly, nor should employees necessarily take a termination with cause at face value. As decisions to terminate can be highly-contextual, employers should consult an experienced employment law lawyer when determining whether firing an employee with cause is appropriate. Likewise, employees who have been fired with cause should consult an experienced employment law lawyer to determine whether the termination has merit and whether they may be entitled to compensation in lieu of notice for their termination, among other matters.

Other Options for Terminating an Insubordinate Employee

While an employer may decide to terminate an employee for insubordination, given the high threshold an employer must meet to justify termination with cause, it may be worthwhile to look at alternatives for addressing insubordination in the workplace.

Taking Steps to Address Insubordination

Sometimes, taking steps to address insubordination without terminating an employee is the best option for all parties. Insubordination can happen in many ways, and for many reasons. Getting to the root cause of the issue and working towards a mutually-beneficial solution can go a long way towards resolving conflict.

Terminating an Employee Without Cause

In many insubordination cases, employers may choose instead to terminate an employee with notice (or pay in lieu of notice).

Under the Employment Standards Act, terminated employees who were continuously employed by their employer for three months are entitled to either written notice of termination, termination pay, or a combination of both, provided that the notice and number of weeks of termination pay equal the length of notice that the employee is entitled to. Here, employers are not required to provide the employee with a reason for termination, making it a good option for employers who wish to terminate an employee for insubordination but are uncertain whether they have valid grounds to do so.

Navigating Insubordination at Work

Insubordination can happen for many reasons, some of which can be addressed without the need to terminate an employee. Consider taking the following steps before termination:

Provide Clear and Reasonable Instructions

Ensure that you are clearly communicating your expectations to employees. Remember that an employee’s failure to follow through with a task may not amount to insubordination if the request is unreasonable or falls outside of the employee’s job duties

Communicate with Your Employee

Having open and honest conversations with employees about potentially insubordinate behaviour may help clear up any miscommunications and provide the employee with the opportunity to correct their behaviour before it is too late.

Consider Patterns

Keep in mind that a one-off event may not amount to insubordination. If an employee otherwise has a strong performance record but takes steps that amount to insubordination in an isolated case, it may be worth communicating with the employee rather than immediately jumping to termination.

Document Instances of Subordination

When it comes to insubordination, it is important to document such occurrences in detail. Be sure to document instances of subordination and any conversations with or disciplinary action taken against the employee.

Consider the Employee’s Contract (and Company Policies)

Consider whether the employee’s contract discusses how insubordination will be handled, and whether any company policies discuss insubordination. Having clear direction from existing documentation can help support what needs to happen and whether an employee should be terminated for insubordination.

Level of Severity

Be mindful of the severity of the insubordination. For example, there is a distinct difference between an employee ignoring instruction from a supervisor on a one-off basis and an employee threatening their employer. Less severe instances of insubordination can likely be addressed through communication between the employee and employer, while direct threats or more severe actions may be dealt with through more severe consequences, such as termination.

Contact the Employment Lawyers at Grosman Gale Fletcher Hopkins LLP for Advice on Terminations

The skilled employment law lawyers at Grosman Gale Fletcher Hopkins LLP advise and represent employees and employers in various workplace matters, including terminations with and without cause. Our employment law team helps our clients find effective solutions and help them navigate the path to resolution tailored to their needs. To speak with one of our team members regarding your workplace dispute, contact us online or at 416.364.9599.