Employees who intentionally don’t follow directions are insubordinate. That means you can fire them—even if they recently filed discrimination charges. Just be sure you can justify your action.
Recent case: Dexter Holmes, who is black, worked for a J.C. Penney store and applied for two promotions to. In each case, a white employee got the jobs. Holmes complained to the EEOC.
Shortly after, Holmes was told he needed to sign an acknowledgment outlining workplace rules. He refused and was subsequently terminated for insubordination.
Holmes sued, alleging race discrimination and retaliation.
J.C. Penney argued that it hadn’t discriminated simply by promoting a white candidate. The court agreed that Holmes needed more evidence that discrimination played a part.
The mere fact that Holmes was black and the selected candidates were white was not enough. He’d have to show more: specific examples of racial bias, a racially hostile work environment or that he was eminently more qualified than the selected workers.
Plus, the court said Holmes hadn’t shown that the store’s stated reason for termination was false. Holmes had refused to sign the workplace rules acknowledgment, which J.C. Penney had a right to demand. (Holmes v. J.C. Penney, No. 5:09-CV-115, WD NC, 2011)
Final note: Employers have the right to get their employees’ signatures on workplace rules. This wasn’t a case of asking an employee to sign an arbitration agreement or other substantial changes to the job.
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/29438/ok-to-fire-for-insubordination-even-if-employee-has-filed-discrimination-complaint "
- U.S. Supreme Court tosses out Best Buy discrimination suit
- Want to 'fire' your way out of problems with troublesome employees? Think again
- Save the day! Stop borderline behavior early
- Layoffs looming? Use past reviews to decide who stays and who goes
- Female police officer says drunken male cops treated better