Termination for Insubordination
![Dan McCarthy](http://hrforms.blr.com/plugins/DefaultAvatars/design/LBlueAvatar.jpg)
I was a witness for our company at an unemployment compensation appeals hearing yesterday. At the hearing, we argued that the employee had been dismissed for "insubordination." The claimant argued that we had not followed progressive disciplinary procedures. We in fact had initiated the procedure - he had received a verbal warning that was documented, but from there we moved to termination when he willfully and knowingly violated his instructions the very next day after being warned. The problem is that he was not terminated until a week later. In insubordination cases, do we still have to adhere to progressive disciplinary procedures?
Comments
Supervisor: "Are you refusing to do what I have instructed you to do?"
Employee: "Yes"
Supervisor : "Do you understand that your refusal will result in disciplinary action, up to and possibly including termination of your employment? Now, again, I ask you-are you refusing to do what I am instructing you to do?"
In the few cases where the employee still refuses to do what he/she is asked, train your supervisors not to fire on the spot. Tell them to tell the employee, "John, I want you to gather up your things and you are suspended, pending an investigation. Do not return to work until you hear back from me." This gets the insubordinate employee off the premises and gives the supervisor a chance to cool down and consult HR to review the facts. If this is a good employee that is under some sort of stress that the supervisor would like to keep once he/she cools down, the supervisor has created the perfect opportunity to have the employee come back with no loss of authority on the part of the supervisor. The supervisor then calls the employee and says, "I have been advised by HR that I can fire you, but have argued that based on your employment record I want to give you another chance. Report to my office first thing in the morning if you wish to return to work." The employee has had a chance to cool down and must choose to return. The meeting with the supervisor is very short as goes like this, "John, I asked to keep you despite the fact that insubordination is a fireable offense. However, let me be very clear, if you ever do that again, there is no second chance. You will be terminated immediately." The supervisor then comes off looking merciful with no loss of face. If the employee is a bad employee and the supervisor wishes to terminate him/her, the supervisor simply calls the employee at home and informs them that they are terminated. By suspending, you give the supervisor some time to consider what to do and a cool head to do it with, you give the employee a chance to cool down and be remorseful (sometimes with the help of a spouse or significant other who is a home and horrified that they are going to lose their job) and you give HR a chance to look at the facts to insure that it really is insubordination. Hope this helps. Call me if you have any questions at 615-371-8200.
Margaret Morford
theHRedge
I agree with Margaret. In cases where there is a terminable offense, you can always state that the employee is suspended pending an investigation by HR.
Good Luck