Jump to content
mller76

double jeopardy discipline

Recommended Posts

Hello,I was wondering if an employer can discipline you for the same offense/infraction twice? I was under a corrective action contract for 1 year ,with the stipulation that if I were to miss any days they would need to be excused by a doctors note or something comparable.I held up my word and my end of the contract that my boss and myself both signed.They had a policy revision whilst I was on corrective action. The policy, when first rolled out(which was on Sept.15 2015)  had no signatures or any formality except for the fact that it stated another craft than ours on this paper that was put out to us. One of the instances took place before the "new" policy was even put into play and the second happened after the fact in Dec 2015 which again was still covered under the same contract We initially signed in Dec 2014. They took corrective action again for the same 2 days I already had Dr's notes for and now I'm on another 36 month probation period. The "New" policy does state Dr's notes may not be accepted as approved documentation for laying off of work now but, they also have a "don't come to work if your sick"policy too. I'm totally lost here with whats going on and all the double standard harassment we are enduring.Where do you turn when no one wants to help...........that's why I'm here!! Sincerely S.C.Miller  

Share this post


Link to post
Share on other sites

The term “double jeopardy” in the law primarily refers to criminal prosecutions. The U.S. Constitution prohibits the government from prosecuting a person twice for the same offense or punishing a person twice for the same offense. It has no application to employment law.

 

Even if it did apply in employment law what you describe wouldn't be double jeopardy. What you are describing really amounts to the employer changing its rules on what it allows for excused absences after it entered into the agreement with you regarding how the past policy violations would be handled. Companies are free to change their policies when they wish. The only issue here would be if that agreement you had amounted to an enforceable contract. If it did then it would matter exactly what that contract said. Typically these sorts of performance improvement plans do not amount to contracts, but you can take it to an employment law attorney and see where you stand.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...

×
×
  • Create New...