Unlawful Orders Clause Samples

Unlawful Orders. An employee has the right to refuse orders that would require the employee to violate an applicable law. The employee will promptly bring his/her specific concerns to the supervisor or appropriate Agency official. The Agency official will consider the employee’s concern and promptly notify the employee whether the order is lawful or unlawful. If the employee raises their concern in writing the Agency will provide a written response clarifying the order and an opinion regarding the legality of the order. If circumstances do not permit this request and response to be done prior to carrying out the order it may be done as soon as practical thereafter. Refusal to obey an unlawful order will not subject the employee to disciplinary or adverse action. Refusal to obey a lawful order may subject the employee to disciplinary or adverse action.

Unlawful Orders. An employee has the right to refuse orders that would require the employee to violate the law or would likely cause bodily harm or injury. This refusal to obey an unlawful order will not subject the employee to disciplinary or adverse action.

Unlawful Orders. When an RN reasonably believes that he/she is being asked to perform an order that violates the law or act beyond his/her scope of practice as defined by licensure, he/she will immediately bring his/her specific concerns to the supervisor or appropriate management official and follow established local policy. After administrative review, if management determines that the order was unlawful in the VA, the RN will not be subject to disciplinary or adverse action for reporting or failing to follow the unlawful order.