Thank you for your additional information and your response.
I am sorry to hear this is a non-union company because with it being a non-union company that means all of the employees are at will
employees. This means that the employer is free to discipline an employee as they see fit and also can stop them from working particular tasks. The refusal to allow him to continue to operate machines in the future is not looked at as discipline, it is looked as legally protecting the company from future damage and it is looked at as the employer's discretion as an at will employer. The only caveat to this would be that the employer cannot take action against any employee based solely on the age/race/sex/disability of the employee and if they are taking this action based on this reason then your brother has grounds to file a complaint with the EEOC
and get a right to sue letter to pursue the company for discrimination
. However, absent age/race/sex/disability discrimination
an at will employer has the right to take any action they choose against an employee and there is no such thing in employment law
about "double jeopardy" or double punishment for an at will employer and the only legal recourse he has here is to appeal the decision to the employer to allow him to operate the equipment again or to at least send him to a safety
school before allowing him to continue to operate the equipment and as it is an at will employer, sadly this is the employer's discretion.
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