Legal Question in Employment Law in Tennessee

I was involved in an investigation regarding misconduct in August 2008; I was reprimanded and placed on a six month probationary period. Recently, I was denied overtime based on the prior investigation.

Is it legal that a past incident be cited for this refusal of overtime? Am I somehow being penalized twice? The investigation was "confidential" and the department head involved was not privy to the information--she's going on hearsay--can she do this?


Asked on 9/30/09, 3:04 pm

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

There is no such thing as double jeopardy in private employment. This means that the employer can lawfully discipline you repeatedly for the same violation. The only exception to this may exist in a union environment.

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Answered on 9/30/09, 9:00 pm


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