![]() ![]() Nor is refusal to ignore significant health and safety concerns. Refusing to perform a criminal act is not insubordination. Punishing that refusal could then trigger a retaliation lawsuit. For example, refusing to carry out a directive to fire a worker for an illegal discriminatory reason may be protected activity. Some insubordination may be protected activity under employment laws. Not every act you may consider insubordination should result in discipline. Your disciplinary policy should include these and other examples. Refusal to perform work a supervisor orders, shouting and arguing with a supervisor or other uncooperative acts are common examples. Employers may want to define what it means specifically in their organization. There is no strict legal definition that applies to all situations and all employers. Generally, insubordination is the willful defiance of authority. What is considered insubordination in the workplace? Better yet, make sure all your supervisors and managers are trained in “what if” disciplinary scenarios. You could send both home and then consult the disciplinary policy. For example, if two employees are involved in a heated argument with physical contact, you must act immediately to separate the two. If your organization doesn’t have a formal disciplinary program, consult with your supervisor before doing anything unless the matter is urgent. You should always follow the rules outlined in your disciplinary program. This includes providing an oral warning or making notes in an “informal” supervisor file. That lets you distinguish between seemingly similarly situated workers.īefore you issue any discipline, consult your company’s disciplinary rules. ![]() The key is to document each and every disciplinary offense as it happens. The cashiers are then not similarly situated. On the other hand, if one of those cashiers continues to show shortages, then you can punish him more harshly. They expect that if you suspend a cashier for a $75 drawer shortage, you suspend every cashier with a similar shortage. Judges want to see that you acted fairly and honestly.Ĭourts compare how you treat similarly situated employees being punished for the same offense. Of course, no matter what system you choose, you must be consistent and apply the rules in a non-discriminatory way. You can use a point system, a progressive disciplinary system or no system at all. You have wide discretion in what sort of disciplinary system you want to use. Use these scripts and strategies to confront problem employees and effectively manage employee discipline so you can bring motivating back to the forefront of your workday.Īs an employer, you have the right to manage your workplace. And while you can’t control someone’s horrible personality, you can decide how you’re going to respond. With some employees, it isn’t a matter of ability, it’s a matter of attitude. ![]()
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