What constitutes employee insubordination?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What constitutes employee insubordination?
I have been working for my doctors office for 2 years now. about 6 months ago management verbally informed the employees that we are no longer allowed to park in the buildings parking garage nothing in writing. While being parked on the street my vehicle was involved in a hit and run accident. So today I parked in the garage. My manager asked me to move it and I refused. She threatened to have me towed but I still refused. They sent me home without pay and called me insubordinate. Not only that but when I came back to work after having my baby 6 months ago I had to use the restroom to pump breast milk as they didn’t have any accommodations for me. I am wondering if this is legal or are they out of line?
Asked on September 1, 2015 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
1 You argued with your manager and refused her direct instructions, as well as office policy that is insubordinate. You could have been fired for cause no unemployment for that. Sending you home without pay was well within their authority.
2 The law does not require that employers set aside separate, non-restroom accomodations for pumping breast milk, since many employers do not have spare rooms available for that purpose and are not required to repurpose rooms e.g. someonen's office for that.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.