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.
Q:
Is it lawful for an employer to discipline an employee (subordinate) for insubordination or any other type of charge for failing to “shut up” during a discussion?
For example, I’ve had several meetings in which I could tell that the new management wished I would stop disagreeing with him. At the end of these discussions, I’ve always done what they’ve told me to do, but I’ve felt within my rights to tell them in person that I disagreed with what they were suggesting. I always did this in a respectful manner, referring to them as “Sir.” I am not speaking of a situation where I am following them around the office saying, “But, but, but…” I am talking about a meeting in which we are discussing the future direction of this office and policies within it and I happen to disagree with what he says.
A:
Most leaders will seek the input of those around them, including subordinates, when making day-to-day decisions. When the input is unwelcome, as it sometimes is, a supervisor is within his or her rights to say “Stop talking. I don’t want to hear anything else from you.” An employee who persists would be insubordinate.
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.
