Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.
What constitutes a “failure to follow instructions?” If someone missed a marking on a container, could that be a “failure to follow instructions?”
It depends on whether noting the marking on a container was a part of the instructions. In the federal civil service, a charge such as “failure to follow instructions” may be proved by evidence of what the instructions stated along with evidence that the employee failed to do what was required. It requires no proof of intent. A more serious charge, such as insubordination, does require proof that the employee willfully failed to follow orders.
Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.
Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.