Examples Of Last Chance Agreements

Employers generally strive to retain current employees because an experienced employee can add value to a business and because the high costs associated with recruiting and training new employees are attributable. If employees have temporary problems that lead them to violate company guidelines, to the point where they are about to be fired, employers should consider a last chance (also called a fixed choice) to keep the employee while protecting the business. A last-chance agreement is an agreement between an employer and an employee that defines the conditions the worker must meet in order to keep his or her job. Although employers are not required to offer last-chance agreements under the Americans with Disabilities Act (ADA), these agreements are often used for workers who have relapsed drug or alcohol dependent and whose current drug or alcohol use is causing problems in the workplace. It may be helpful to give the employee general time frames to meet each of the terms of the last-chance agreement, to ensure that the employee moves forward towards a return to work and productivity. For example, the employee may be required to go to rehab as soon as the institution can accommodate him, submit status reports mid-term and after closing, and undergo monthly drug or alcohol testing within the first six months of returning to work. For example, LCAs are effective in dealing with wrongdoing such as chronic misconduct or imposing discipline on employees with disabilities such as substance abuse and alcoholism. In addition, LCAs can effectively address situations where an employee else engaged and appreciated acts atypically in a more serious form of misconduct. The CMA allows the employer to give the employee one last chance to correct his behaviour and not re-participate in the behaviour, while recognizing and preserving the training and resources invested in the employee. Here are some of the terms that are generally included in last-chance agreements for employees with drug or alcohol problems: the agreement should specify exactly what the employee needs to do to keep his or her job. With respect to drug and alcohol problems, the employer often requires the employee to take out a drug or alcohol rehabilitation program, provide periodic status reports or medical authorization to contact the rehabilitation centre directly, and regularly test for drugs or alcohol after the employee returns to the workplace. Under the ADA, employers are not advised to dictate medical treatment to workers.

However, a last-chance agreement is an exception to this rule. Employers have more leeway because they offer to withhold redundancies or other disciplines if they do not have to. Once the employee has read and accepted the terms of the last-chance agreement, the worker and employer should sign and date the agreement. What distinguishes agreements from the last chance from other forms of disciplinary action is the concrete assertion that compliance with the terms of the agreement is necessary to maintain employment. After the employee`s impression of the violation, certain guidelines may be cited and the specific steps the staff member must take to prevent future violations may be clearly stated (the procedure is very different from one company to another). In general, any future need for disciplinary action will result in termination within a specified time frame, so that there are generally no specific disciplinary measures.