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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111526
Experience:  20+ Years of Employment Law Experience
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My brother who is an equipment operator for a construction

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My brother who is an equipment operator for a construction company, was written up for violation of company policy, (Damage to a construction site while using equipment), his punishment - Written up for the incident and sent home for 3 days without pay.

As I am a manager for this company and it was on my project, the operations manger said that this punishment was based on already setting precedence. I appeared to be legit, however now he has come back and now the company has informed him that he can no longer operate equipment.

This additional punishment, has never happened - he was gone for 5 days (thru weekend) with now indication of this additional punishment. Is this legal..?
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Does your company have a union contract with the employees?
Customer: replied 3 years ago.

Non Union Company


 

Customer: replied 3 years ago.

This is a non-union company.


 

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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Customer: replied 3 years ago.

Paul,


 


Thank you very much for your service, this was very helpful as I have never been in a situation like this working for a company. With that said, my opinions do not mean much, I thank you for your time and service.

Thank you for your kind words. I am sorry that the at will employment laws are not very favorable. Please do not forget to click on excellent service feedback as that is the only way the experts receive credit for time spent with customers.
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