“Bob, I`m worried. Last week, you were 10 minutes late on Wednesday and you said that you would take the necessary steps to prevent this problem from happening again. Less than a week later, you entered at 8:20 a.m. I have to count on you to be here 8 to support our customers and your employees. If I can`t count on you, we have to make a transition and you have to move on to another job. What do you think? There will generally be a final part of one of these agreements, which states that the worker must focus on all aspects of the company`s policy and asserts that the employer retains the right to dismiss the employee in the event of a breach of a directive, including those that are not specifically relevant to the previous offence. Depending on the nature of the infringement that has already occurred, there may be elements complementary to this final part of the agreement, such as. B specific acts that the worker must generally respect (or avoid) during a given trial period. 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.
Here are some of the conditions that are usually included in last-chance agreements for workers with drug or alcohol problems: After the employee reads and approves the terms of the last chance agreement, the worker and employer should sign and date the agreement. In this section, the employer indicates what happens if the worker does not comply with all the terms of the agreement. As a general rule, the consequence is an immediate termination, unless the employee has a valid reason not to do so. If the employee.B signs a medical authorization so that the employer can receive progress reports but the institution does not make them available, this may be a cause of non-compliance. 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.