How to Handle an Employee Who Refuses to Follow a New Policy
You introduced a new policy, possibly remote work changes, a dress code update, a new operational procedure, a revised attendance requirement, and one employee is making clear they will not comply. This is an insubordination issue, but it also requires that you examine whether your policy was implemented correctly. Here is how to address both.
First: Make Sure the Policy Was Properly Communicated
Before treating non-compliance as insubordination, confirm that the policy was communicated clearly and that the employee had a genuine opportunity to understand it. A policy that was announced in a group email that some employees may not have read, or that was implemented without explanation or training, is harder to enforce than one that was communicated directly, explained clearly, and acknowledged in writing.
If communication was insufficient, start there. Re-communicate the policy directly, explain the business reason, and confirm understanding before you address the refusal as a conduct issue.
Understand the Nature of the Refusal
Is the employee refusing because they disagree with the policy? Because they believe it is unfair? Because they believe it conflicts with a legal right? Because they have a practical constraint you are not aware of?
The nature of the refusal affects your response. An employee who disagrees with a policy and says so directly is different from an employee who simply does not comply without comment. An employee who raises a legal concern like 'this policy conflicts with my rights under the NLRA' deserves a substantive response, not just a directive to comply.
Check Whether the Refusal Implicates Legal Rights
Certain types of policy refusals may be legally protected:
Refusal to comply with a policy that violates the NLRA, for example, a policy prohibiting wage discussions
Refusal to comply with a policy that requires illegal activity
Refusal based on a religious belief or medical condition that requires accommodation
If the employee raises any of these concerns, assess them seriously before proceeding with discipline. Disciplining an employee for refusing to comply with an illegal policy creates significant legal exposure.
Address the Refusal Directly
If the policy is lawful, was properly communicated, and does not require accommodation, the refusal is an insubordination issue: 'I want to talk about [policy]. I understand you have concerns about it. I am willing to hear those concerns. And I also need to be clear: this is a company policy and compliance is required. If you choose not to comply, that will be addressed through our disciplinary process.'
Give the employee the opportunity to express their concerns and take them seriously. Then be clear that the business direction is not subject to individual veto.
Document and Follow Through
Document the conversation, the specific policy at issue, the employee's stated position, and the expectation communicated. If non-compliance continues, apply your progressive discipline process. Policy non-compliance that is sustained after a direct conversation and a formal warning is a termination-level conduct issue.
A written discipline policy defines insubordination as a conduct category and provides the escalation framework for exactly this situation, making policy enforcement consistent and defensible.
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