Just months before she became eligible to retire, Cynthia Barnes, a nurse with more than 40 years’ experience, was fired from her job facilitating the transfer of veterans to a Veterans Administration hospital from other healthcare facilities. Cynthia sued for age discrimination, and the VA successfully defended itself by showing with documentation and objective, verifiable facts, that Cynthia’s repeated unauthorized overtime work—not age—was the reason for termination.
After the VA hospital had a reorganization and a new supervisor was assigned to Cynthia’s department, Cynthia began working unapproved overtime. Her supervisor OK’d the first few OT requests retroactively, then told her no more without preapproval. But Cynthia kept doing it—at least 20 times, she admitted. She claimed that she needed to put in the extra hours to provide proper service for veterans, and her supervisor counseled Cynthia about doing her administrative job more efficiently.
After the oral counseling session, the hospital went through progressive discipline: First a written warning, then a formal reprimand, then suspension. But, when Cynthia worked unapproved OT yet again, she was fired for insubordination. As the federal appeals court described the situation: “This renewed disobedience was the last straw.”
In court, Cynthia claimed that the hospital should not have punished her for violating her supervisor’s consistent orders about overtime because she had a good reason: She wanted to help the veterans. But, as the federal appeals court observed, firing an insubordinate older worker does not mean that the hospital engaged in age discrimination. Insubordination is a valid reason for termination. Repeatedly taking unapproved OT in defiance of instructions is a legitimate, nondiscriminatory reason to fire.
Barnes v. Sec’y of Veterans Affairs, 2025 U.S. App. LEXIS 17939 (6th Cir. July 17, 2025).
What this means to you:
The Barnes case shows what a good employer does:
- Document, document, document! From counseling to warning to suspension to termination, the VA consistently documented Cynthia’s misconduct and its responses.
- Pay for all time worked – then enforce your rules. You must pay workers for all unauthorized OT, but consistent discipline should follow.
- Remember: Good intentions aren’t good enough! Employees may think they’re helping out, but defying management is still insubordination.
Not knowing the limits of overtime law and how to manage overtime abuse could be costly to both your managers and your organization. In our fast-paced Managing Overtime webinar, our attorney trainers will teach your managers about federal and state laws on overtime, the importance of accurate record-keeping, how to determine exempt status, and much more. To book this one-hour webinar for your group or organization, call us at 800-458-2778 or send an email.
Updated 07-07-2026
Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.
