The agreement should contain a summary of the employee`s conduct and failings and cite company guidelines that were violated. A summary of the progressive discipline received by the worker may also be included or, if the employer has kept detailed records, it can be referenced. 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. 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. An employer may choose, but is not required by the ADA to offer a «fixed choice» or a «last chance» to a worker who, failing that, due to poor performance or misbehaviour due to alcohol or drug abuse. In general, an employer undertakes, as part of a «firm decision» or «last chance agreement», not to dismiss the employee in exchange for a worker`s agreement, to receive treatment for drug addiction, to renounce the use of alcohol or drugs and to avoid other problems in the workplace. As a general rule, a violation of such an agreement justifies dismissal because the worker does not meet the conditions of continued employment. In today`s labour market, job security is at the forefront. The existence of opportunities such as a last-chance agreement is seen by some as a blessing, while others see them as an easily diverted reserve. This term refers to an agreement most often reached between an employer and a union worker that allows a person who has committed a serious violation of company policy to have a «last chance» to keep his or her job.
The provisions vary considerably depending on the employer, the offence and many other circumstances. Should an employer give a «fixed choice» or a «last chance agreement» to a worker who might otherwise be dismissed for poor performance or misconduct due to alcohol or drug abuse? A last-chance agreement is a disciplinary measure, but if used fairly, it can be an opportunity to re-establish a damaged relationship.