Insubordination at Work: What Counts and How to Document It

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The short answer

Insubordination is an employee's deliberate refusal to follow a reasonable, lawful instruction from a manager, or openly disrespectful conduct toward a manager that undermines their authority. Disagreeing politely, asking questions, raising a safety concern, talking about pay with coworkers or reporting harassment are usually not insubordination. When it happens, write down the instruction, the refusal and the date, talk to the employee, and record the outcome in a write-up.

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What insubordination means at work, what usually does not count (including activity that federal agencies describe as protected), clear examples, and how to document it with a write-up or written warning.

What counts as insubordination

Insubordination usually has three parts: a manager gave a clear instruction, the instruction was reasonable and lawful and within the job, and the employee refused or ignored it on purpose. Open contempt toward a manager in front of others, such as insults or profanity directed at them, is also commonly treated as insubordination in workplace policies.

The key word is deliberate. An employee who did not understand the instruction, did not receive it, or could not do it is a different problem, usually a performance or communication issue rather than misconduct.

What usually does not count

Disagreeing with a decision, asking why, or pushing back politely and then doing the task is not a refusal. Neither is a single frustrated remark in a private conversation, although repeated disrespect can become a conduct issue.

Some activity is protected, and treating it as insubordination can be retaliation. The OSHA complaint page says workers have the right to report injuries and safety issues, and that employers must maintain a workplace free from retaliation for voicing concerns about hazards. OSHA also explains when a worker may refuse dangerous work on its right to refuse page.

The EEOC's retaliation page lists, among protected activity, communicating with a supervisor about employment discrimination including harassment, refusing to follow orders that would result in discrimination, and asking managers or coworkers about salary information to uncover potentially discriminatory wages.

The Department of Labor's summary of the National Labor Relations Act says it ensures the right of private-sector workers to engage in concerted activities, with or without a union, to improve their pay and working conditions. Employees talking together about pay or conditions is not, by itself, insubordination.

Examples

Likely insubordination: a cashier is told by the shift lead to cover the register during the lunch rush, says no, and leaves the floor. A warehouse employee is told twice to stop using a personal phone while driving a forklift and keeps doing it.

Usually not insubordination: an employee asks to discuss a new schedule before accepting it; an employee refuses a task they believe is unsafe and reports the hazard; an employee tells a manager that a coworker is harassing them; employees compare pay with each other.

How to document it

Write down the instruction exactly as given, who gave it, when and where, what the employee said or did, and who else was present. Do it the same day, before memories change.

Then talk to the employee privately and ask for their side. If the refusal stands and there was no protected reason, record it in a write-up with the facts, the policy or expectation, what has to change and what happens if it continues. The employee write-up form and the written warning on this page are ready to fill in.

Steps

Tick each step as you go. Your ticks are saved on this device only.

Check the instructionWas it clear, reasonable, within the job and lawful? Did the employee actually receive it?
Check for a protected reasonWas the employee raising a safety concern, reporting harassment or discrimination, or talking about pay or conditions with coworkers? If so, do not treat it as insubordination; get advice first.
Write down the facts the same dayThe exact instruction, the response, the date, time, place and any witnesses. No labels, just what was said and done.
Talk to the employee privatelyRepeat the instruction, ask why it was refused and listen. A misunderstanding ends here.
Decide the level of disciplineFollow your written policy and what you have done before for similar conduct: a verbal warning, a written warning, or a more serious step for serious conduct.
Record it in a write-upFacts, the policy, the expectation, a review date and the consequence if it happens again. Ask the employee to sign to confirm receipt.

0 of 6 done

What to say

Keep the conversation calm and about the instruction, not the person. Ask before you conclude.

Facts“On [date] I asked you to [instruction], and you said [response] and did not do it.”

Ask“Help me understand what happened. Was there a reason you could not do it?”

Expectation“When I give an instruction like that, I need you to do it, and if you disagree, to tell me afterwards so we can talk about it.”

Next step“I am going to record this conversation in writing. You can add your comments to it.”

What to leave out

Calling the employee insubordinate before you have heard their side
Reacting in front of the team
Treating a safety concern, a harassment report or a pay conversation as defiance
Adding unrelated complaints to the same conversation

4 common mistakes

Punishing a complaint as insubordination. If the refusal was a safety concern or the pushback was a harassment report, discipline can look like retaliation. The EEOC's retaliation page and OSHA's complaint page describe the activity that is protected.
Writing a label instead of the facts. 'Was insubordinate' cannot be checked. 'Was asked at 2 p.m. to restock aisle 4 and said I am not doing that' can.
An unclear instruction. If the instruction was vague or given in passing, the refusal is hard to show. Give important instructions clearly and, where it matters, in writing.
Different treatment for the same conduct. If one employee gets a warning and another gets nothing for the same refusal, the file shows it.

Rules that matter in your state

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Questions people ask

What is insubordination at work?

It is a deliberate refusal to follow a reasonable, lawful instruction from a manager, or openly disrespectful conduct toward a manager that undermines their authority. Your own policy usually describes it in its list of conduct rules.

Is answering back to your boss insubordination?

Not by itself. Disagreeing, asking questions or pushing back politely is usually not insubordination. Insults, profanity directed at the manager, or refusing the task after the discussion are more likely to be treated as insubordination under a workplace policy.

Can you fire an employee for insubordination?

In most states employment is at will by default, with exceptions that vary by state (pick your state on this page). The EEOC notes that employers can discipline for non-retaliatory reasons but not in response to protected activity, so check the reason for the refusal and document the facts first.

Is refusing unsafe work insubordination?

OSHA's right to refuse page explains the conditions under which a worker may refuse dangerous work. Treat a refusal on safety grounds as a safety report first.

How do you write up an employee for insubordination?

Record the exact instruction, when and how it was given, the employee's response, witnesses, the policy involved, what is expected from now on, and the consequence if it happens again. The employee write-up form linked on this page has all of these fields.

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