Should I recieve an insubordination if I was off the time clock?

UPDATED: Sep 30, 2022

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Should I recieve an insubordination if I was off the time clock?

Hello, on an Wednesday night my employees and I just got off work and we then started to play music in the community center parking lot which is located next door to where we all work. There were 7 staff outside talking and having a goof time and some were dancing on our own cars. There was a lady sitting in her car watching us for the whole time that we all got off of work until we all got done talking and went home. The next day, only 3 out of the 7 staff received an insubordination for misconduct on the work property when we were off the clock and not on work property. Should we have received an insubordination?

Asked on February 22, 2017 under Employment Labor Law, Nebraska


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The fact is that in an "at will" employment relationship, a company can set the conditions of the workplace uch as it sees fit. This includes when, why and who gets written up for insubordinaton. In fact, a worker can be disciplined up to and including suspension or even termination for any reason or no reason at all. Accordingly, unless your treatment constituted some form of legally actionable discrimination (which you did not indicate) or violated the terms of an employment contract or collective bargaining agreement, it was legal. 

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