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Insubordination. I was discussing the reason I didn't want to sign a disciplinary form.

by George

I felt that it was wrong because the form was asking me to take responsibility for something that was my supervisor's fault. I tried to explain it to her and we were disagreeing, but no yelling, no threats and no name calling. She then said that I was suspended for not signing the form and stated that it was insubordination. She called me into the office 2-days later and game me my final check. My discharge paperwork says I was fired for Insubordination during a reprimand meeting. Could I still get unemployment? I live in Arizona.

Hi George,

Maybe. Have you read any of the other questions here on this website. People refusing to sign write-ups, seems to be a common theme.

My personal belief is that "refusal to sign" can become an insubordination issue that the employer will utilize at an unemployment hearing irregardless of what the discipline was for. In other words the refusal replaces the actual write-up as the "final incident".

I suggest the alternative of signing the write-up, but not without adding your objections IN WRITING on the write-up itself.

It serves the purpose of "counter documenting" and if your objections are valid, deflates the value of the write-up as a piece of evidence the employer may use down the road to prove you had been warned and
should have known better. So instead of having to raise reasons why the employer was off their rocker to even write you up and convince a hearing officer that what you are saying is the truth .. it's right there on the write-up. They then can see the truth and your testimony simply adds weight.

This also makes an employer think twice about even submitting these kinds of write-ups and if they don't .. you can subpoena it if you deem it necessary to your case. In fact if you do win initially .. the employer will usually appeal, so chances are good you'd end up at a hearing either way.

But since you didn't do this, don't give up all hope. The entire situation will be examined. Just because an employer thinks an action on your part is "insubordination" deserving of termination .. does not necessarily mean the state will agree with the employer.

Often times .. even most times, in situation similar to yours, you may be found ineligible initially, but you need to follow through and appeal. An unemployment hearing is a much better venue for disclosing the "real details".

Please let us know how it goes for you George. This whole website depends on people like you letting us know what happens, so others can see how unemployment works.

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