Directives or Written Policy

[aalm]

Jurisdiction

California

My question is.."if you have been given a directives over an eighteen year period of employment, but you managers position is contrary to written policy, what supersedes... the directive or written policy"? Thank you for your respond.

 

[army judge]

the directive or written policy?

In the military, you were taught to obey all lawful orders.

For example, the oath an officer takes upon commissioning reads:

I, ______________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God." (Title 10, US Code; Act of 5 May 1960 replacing the wording first adopted in 1789, with amendment effective 5 October 1962).

However, the UCMJ requires you to refuse to obey an UNLAWFUL order, such as, "kill a non-combatant", "rape a child", "beat a subordinate for disobedience", etc...

Back to your question, a written company directive, or corporate policy supersedes an oral instruction from a supervisor.

The place to make such an argument is not with the supervisor, but with a manager above the supervisor, or as otherwise laid out in your corporate hierarchy.

 

[adjusterjack]

My question is.."if you have been given a directives over an eighteen year period of employment, but you managers position is contrary to written policy, what supersedes... the directive or written policy"? Thank you for your respond.

Your job is what your immediate boss says it is at any given moment.

If you want to risk your job by doing an end run around your boss understand that he will likely have the support of his boss and his boss' boss and it won't end well for you.

Work works just like the military. Unless your boss wants you to commit a crime, you do what he says when he says you do it.

 

[txls]

It really depends on the nature of the directive and the potential consequences. Most supervisors have a little bit of latitude in bending the rules to fit certain circumstances or to take care of a customer.

 

[cbg]

As written, the answer to your question is, whichever one your employer says. The law does not dictate one way or another.

 

[adjusterjack]

whichever one your employer says.

Looks like we agree, today.

 

[cbg]

It happens occasionally.

 

[Betty3]

Unless the directive by your boss is way out of line with the written policy/rule or unlawful, I would do what your boss/manager tells you to do.