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Employment Law

Insubordination

In order to successfully establish just cause for dismissal on the basis of insubordination, the employer must prove the following:

  1. the order must be clear and specific;
  2. the order must be both reasonable and lawful;
  3. the order must be within the scope of the employee's duties and responsibilities;
  4. the act of disobedience must be intentional; and
  5. the order in question must be serious or important in nature.

In most cases, a single act of insubordination will not justify termination for just cause without notice & without compensation.

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This material is copyrighted in 2004 © by Brian A. Grosman and may not be reproduced without his specific written permission.