What constitutes employee insubordination?

I have been working for my doctors office for 2 years now. about 6 months ago management verbally informed the employees that we are no longer allowed to park in the buildings parking garage nothing in writing. While being parked on the street my vehicle was involved in a hit and run accident. So today I parked in the garage. My manager asked me to move it and I refused. She threatened to have me towed but I still refused. They sent me home without pay and called me insubordinate. Not only that but when I came back to work after having my baby 6 months ago I had to use the restroom to pump breast milk as they didn’t have any accommodations for me. I am wondering if this is legal or are they out of line?

Asked on September 1, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1 You argued with your manager and refused her direct instructions, as well as office policy that is insubordinate. You could have been fired for cause no unemployment for that. Sending you home without pay was well within their authority.
2 The law does not require that employers set aside separate, non-restroom accomodations for pumping breast milk, since many employers do not have spare rooms available for that purpose and are not required to repurpose rooms e.g. someonen's office for that.


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