Does double jeopardy apply to being disciplined at work?

I was disciplined at work and
given 6 months of probation, but a
month afterword they fired me for
the same offence. Can they do
that?

Asked on March 23, 2017 under Employment Labor Law, Michigan

Answers:

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

Answered 3 years ago | Contributor

Double jeopardy has to do with a criminal offense; it is not applicable in an employment setting. The fact is that a company can set the conditions of work much as it sees fit. This includes just what disciplinary measures to take against an employee and when. Accordingly, a worker can be put on probation and then later terminated. That is true so long as there is no employment contract or union agreement to the contrary. Also, such action must not constitute any form of legally actionable discrimination. 


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