Is there a such thing as double jeapardy in employment law?

Is it legal for an employer to fire an employee for the same violation after agreeing to a lesser punishment?

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    4 Responses to “Is there a such thing as double jeapardy in employment law?”

    1. The Answerer formerly known as.. Says:

      Double jeopardy means you can’t be tried for the same crime twice. However, if there was an explicit verbal agreement that you would be given a different punishment in lieu of termination, then you would have an argument for wrongful termination, even if you are employed in an at-will employment state.

      In some states, like Michigan for instance, there is a way to fight the at-will employment. In Michigan, the presumption of at-will employment is overcome if (a) there was an agreement, either written or oral, of job security and/or a definite term of employment or (b) or if policies within the company limit termination absent just cause. Absent these, the only other recourse is if discimination occurred.

    2. Common Sense Says:

      Yes it is. Double jeopardy only applies in criminal cases.

    3. Ryan M Says:

      Yes they can……its called "at-will employment".

    4. Judy Says:

      Double jeopardy is a concept in criminal law and doesn’t apply to the situation you describe.