Legal Question in Business Law in Minnesota
Is it Insubordination or Harrassment?
I work at a Service Counter in a local store. My personnel manager has asked me before to make posters for available openings or other happenings. I have told him three times that I find it degrading work before finally writing it down. The form that I used was a ''separation notice'' used when serving a two week notice. What I wrote was that I was no longer interested in being on Poster Patrol. He showed it to the store manager who in turn thinks that I am putting in my two week notice. The personnel manager and I Had words about it last evening, which amounts to him saying that as a direct order from a superior I am being insubardinate, even though I had completed the last poster asked of me, albeit wrong, but it was done. He also says that I cannot filly explain my point to him because he feels it is not valid. I find the work to be degrading, I am not in kindergarten, I have other talents and I openly do not enjoy making the posters and had told him three times previously before putting it in writing.
Am I being insubordinate even though the poster was completed,or is it a form of harrassment when I have told him before that I find it to be degrading work? He now left it open that I either make the posters or leave.
1 Answer from Attorneys
Re: Is it Insubordination or Harrassment?
Unless you have a contract of unemployment for specific term (1 year etc) you are most likely under an employment at will status. This means you can be terminated at any time with or without cause.
Failing to perform reasonable requests of an employer may also give rise to the employer's claim of insubordination, which may constitute misconduct and subject you to a denial of unemployment benefits. You did not state if you are in a union (collective bargaining agreement) which may give you rights under such contract.
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