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

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


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. 

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.