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Tag Archives: Insubordination

Labor & Employment – Unemployment Compensation – 9-Week Disqualification – Substantial Fault – Insubordination – Attorneys – Public Employees (access required)

Hershner v. Employment Security Commission Petitioner was repeatedly insubordinate to her supervisor in that she divulged confidential information to a complainant of her employer-agency without considering the possible consequences of such disclosure, violated a known policy of communicating with complainants about a determination in their case prior to the issuance of an agency determination, repeatedly communicated with a complainant after being directed not to so communicate, and failed to work on an appellate brief after repeatedly being instructed to focus solely on the brief by her supervisor. Petitioner violated reasonable job requirements that were within her control; therefore, the Employment Security Commission properly concluded that petitioner was terminated for substantial fault.

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Labor & Employment – FMLA – Retaliation – Termination — Insubordination (access required)

Norman v. Beasley Mezzanine Holdings, LLC Although defendants contend plaintiff was fired after taking a day of FMLA leave because of her declining performance, persistent tardiness, and insubordination, plaintiff points out that she had just received a laudatory performance evaluation, she had already exceeded her April sales goal when she was fired on April 12, and her insubordinate act - requesting a tape recorder or an attorney during a meeting - was in keeping with the Family Medical Leave Act’s requirement that disputes between employers and employees over qualifying FMLA leave should be documented.

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Labor & Employment – Public Employees – Dismissal – Insubordination — Unacceptable Personal Conduct – Hanging Up on Supervisors (access required)

West v. North Carolina Department of Transportation Where petitioner hung up on her supervisors (during three phone calls) while they were attempting to instruct her regarding her job, petitioner was insubordinate within the meaning of 25 N.C.A.C. 1J.0614(h). Furthermore, hanging up three times on supervisors qualifies as “detrimental to state service” as, without speaking to petitioner, her supervisors could not ensure that her job was being performed. 25 N.C.A.C. 1J.0614(i)(5).

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Workers’ Compensation – Job Termination – Insubordination – Additional Benefits (access required)

Grajales v. Ferguson Design, Inc. (Lawyers Weekly No. 10-08-0973, 6 pp.) (Linda Cheatham, Commissioner) Appealed from Opinion & Award of Deputy Commissioner Robert Wayne Rideout Jr. I.C. No. 196935. Holding: Even though plaintiff suffered a compensable injury to his spleen, ...

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