-
Insubordination
Guidance for evaluating whether employee conduct meets the standard for insubordination and just cause discipline.
Purpose
This article provides a practical framework for reviewing alleged insubordination, distinguishing protected or excused refusals from misconduct, and assessing whether discipline is supported by just cause.
Definition
Insubordination occurs when an employee intentionally refuses to follow an employer’s lawful and reasonable order. Because a refusal can undermine supervisory authority and workplace operations, it may support discipline, up to and including termination.
Core elements
At a basic level, insubordination requires three elements:
The employer gives the order.
The employee acknowledges the order.
The employee refuses to carry out the order.
An order may be given verbally, in writing, through assigned job duties, or through duties implied by the employee’s role. Acknowledgment may be verbal, nonverbal, or shown through acceptance of the role. Refusal may be direct, nonverbal,or demonstrated by unreasonable delay or failure to perform; disrespectful language is not required.
Exceptions and Protected Refusals
A refusal to follow an order may stem from unclear instructions, a misunderstanding, or a good-faith safety concern. In certain circumstances, worker-safety protections may apply when an employee reasonably believes the assigned work presents an imminent danger.An employee’s refusal to do something that is illegal, unethical, or a violation of company policy should not be treated as insubordination.
Review Panel Criteria
Review standard
Because a finding of insubordination can lead to serious discipline, Review Panels should determine whether the employer can establish each of the following factors before finding just cause:
1. A Clear, Direct Order
The instruction must be specific, unambiguous, and reasonably understood as a directive rather than a request. If the instruction appears optional, the insubordination charge may be difficult to sustain.
Example: “You’re first on the draft list, and I may need you to work the next shift” is less likely to be treated as a clear order. “John, I need you to stay for the next shift and work Unit 3A” is a clearer directive.
2. A Reasonable Directive
Employees generally have a duty to follow lawful and reasonable directives, but they are not required to comply with orders that are illegal, unethical, contrary to company policy, or inherently dangerous.
Example: If a supervisor directs an employee to take an action that violates company policy, the employee’s refusal may be protected rather than insubordinate.
3. Knowing and Willful Refusal
Insubordination requires intent. A misunderstanding, accidental oversight, or mistake generally does not qualify. However, the employee does not need to say, “I refuse”; conduct may demonstrate a knowing and willful refusal.
Example: If an employee walks away during an instruction, discards the assignment, or ignores the task entirely, the conduct may support a finding of willful refusal.
4. An Explicit Warning of Consequences
Review Panels often look for forewarning. The employer’s case is stronger when the supervisor clearly explains the consequences of noncompliance before imposing discipline.
Example: Instead of repeating the command, a supervisor states: “If you choose not to complete this task now, you may be suspended pending investigation, and further discipline may follow.” This would help establish that the employee understood the seriousness of the refusal.
5. A Real Opportunity to Comply
After an initial refusal, the employee should generally be given a reasonable opportunity to reconsider and comply, particularly when the task is not urgent.
Example: If a supervisor issues an order, the employee immediately says no, and discipline is imposed moments later, the employer’s case may be weaker. A stronger approach is to restate the order, give a clear warning, and provide a genuine opportunity to perform the work.
These criteria are the starting point. Review Panels should also consider the full context, including the employee’s length of service, disciplinary history, the seriousness of the conduct, and whether the proposed discipline is proportionate.
Bottom Line: If a supervisor gives you an order, follow it unless you are being ordered to violate policy or perform an illegal activity. If you are ordered to violate policy or the law, inform the supervisor of the unlawfulness of the order when refusing to obey.
-
As a retired member of SEBA, you are eligible to enroll for chiropractic coverage through Landmark Healthplan. The plan allows for up to 40 visits per year with a $15.00 co-pay. The cost (taken as a payroll deduction through SBCERA) is $10/monthly for the retiree or $25/monthly for the retiree plus spouse. No other family members are eligible to be enrolled for the chiropractic benefit.
To find a provider in your area, visit the Landmark Healthplan webpage at www.lhp-ca.com. Please note that the chiropractic benefit is only available in California.
If you are interested in enrolling for this benefit, go to www.seba.com, log into the “SEBA Members Only” portal and select “Retired Additional Benefits.”
For any questions or assistance, please contact SEBA at 909-885-6074, M-F, from 7:30-4:30.
-
In order to receive your gym card, you must visit www.primemember.com. Click Sign Up in the upper right-hand corner of the homepage, then fill out all required fields. Once you've successfully inputted your information, your fitness card will automatically populate and be available to print.
-
Active Members in good standing can use any licensed transportation service (Taxi, Uber, etc.) of their choice for a safe ride home or to a place where they are staying. SEBA will reimburse members up to $40 per calendar year.
Click here to learn more about the program.
-
Yes, and yes! To add your spouse to your Prime Fitness benefit, please fill out and submit a Prime Fitness signup form. Be sure to select the Member and Spouse option. When signing up, please verify that your spouse's date of birth is input correctly before submission. This will help to avoid a delay in processing your request. To receive a gym card, please visit www.primemember.com.
-
The employer may have a policy or practice that requires employees in similar job positions who take leave for similar health conditions to provide a return to work, or “fitness-for-duty,” certification from the employee’s health care provider showing that the employee is able to resume work. The employer may request a fitness-for-duty certification only with regard to the particular health condition that caused the employee’s need for FMLA leave. If the employer will require a fitness-for-duty certification, it must provide notice of that requirement and whether the certification must address the employee’s ability to perform the essential functions of his or her job with the FMLA designation notice. Click here to read more.
-
Each year between January 1st and April 1st applications are accepted for the SEBA Scholarships. SEBA will award a $5,000 Richard E. Scovel Scholarship, a $2,500 SEBA Scholarship and a $1,000 Reserve Scholarship. Det. Richard E. Scovel was the SEBA President from 1978-1979. Click here to read more.
-
For any questions/requests/concerns related to the medical trust, please contact our benefits office at (909) 825-4920.
-
Many of you may have recently received a “Notice of Absenteeism” from a supervisor. These notices are utilized by Human Resources as a reminder to staff regarding the use of sick time. These notices are not disciplinary in nature. They serve as a reminder of one’s sick time usage and the need to produce medical notes upon request. Click here to read more.
-
If you need a document notarized, we're happy to help! Please note that SEBA offers free notary services to our members only. To schedule an appointment, please call our office at (909) 885-6074.
Providing us with the following information will ensure your understanding of the service you need and help us to service you better:
The type of document(s) you are bringing
The amount of signatures you need notarized
The type of notary you want to receive
IMPORTANT: Notary publics are not attorneys and are prohibited from giving any advice when performing their services.
-
Yes. We have everything from discounted movie tickets to amusement park deals for our members. To access the latest deals, CLICK HERE and then click on SPECIAL DISCOUNTS (located on the Quick Links tab at the top of the page)
-
https://www.seba.com/seba-healthcare-trust
If you have further questions, please contact SEBA Healthcare Trust Administrator, Yohana De La Cruz at (909) 825-4920.
-
SEBA Board Directors serve as the voice of their station, acting as a liaison between members and the association. They are expected to attend monthly board meetings, communicate member concerns to SEBA, and share updates on SEBA business, events, negotiations, and political activity with their station.
While the role is voluntary and does not involve representing members in labor disputes, directors are responsible for referring those matters to SEBA staff for proper handling. Active participation may also lead to opportunities for training and event involvement. For more information click here.
