Human Resource Blog

termination for insubordination

can an employee be fired for insubordination stemming from refusal to sign a document stating a new company policy ?

Yes, you can terminate an employee for refusing a request that is reasonable, ethical and lawful — and requesting that the employee sign a memo stating a new company policy is all of those.

In the workplace, the employer generally makes up the rules and the employee can deal with it or quit. The workplace is not a democracy. Employees do not get a vote on new policies or working conditions. The employer makes those decisions unilaterally. (The only limits are employment laws — obviously, the employer cannot implement any policy that is illegal.)

Many employees feel they have a *deal* with management, and the employer needs their permission to change that *deal*– but this is not true. The employer sets the policys, and you as the employer can change them at will.

When an employer changes company policy, it is a best practice in HR to issue a memo or written copy of the new policy to all employees. The employees are asked to sign the policy, to indicate that they have been informed of it. However, the policy goes into effect whether the employee signs his or her copy, or not. You do not need the employees permission to change policies, or to enforce a new policy. The signature simply shows that the employee is aware of the change in policy.

Even though you lawfully can fire an employee for refusing to sign the policy, we do not recommend it. A better tactic is simply to issue a written warning to the employee, for the refusal. Have a witness note on the new policy memo *Discussed with employee on 11.6.09. Employee refused to sign.* Then both the witness and the manager would sign the memo. This fulfils the need to prove that the employee was aware of the new policy. (You can use the same tactic with written warnings, if an employee refuses to sign one.)