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Last Chance Agreement For Behavior

In this section, the employer indicates what happens if the worker does not comply with all the conditions of the agreement. As a rule, the consequence is an immediate dismissal, unless the employee has a good reason not to do so. For example, if the employee signs a medical clearance to allow the employer to obtain progress reports, but the facility does not provide them, this could be a good reason for non-compliance. Should an employer offer a „fixed choice“ or „last chance agreement“ to a worker who might otherwise be fired for poor performance or misconduct due to alcohol or drug abuse? An employer may choose, but is not required by the ADA, to offer a „firm choice“ or „last chance agreement“ to a worker who might otherwise be fired for poor performance or misconduct resulting from alcoholism or drug addiction. Typically, as part of a „business choice“ or „last chance agreement,“ an employer agrees not to legislate the worker in exchange for a worker`s agreement to treat drug addiction, to renounce alcohol or drug use, and to avoid other problems in the workplace. A breach of such an agreement usually justifies dismissal because the worker has not fulfilled the conditions for maintaining employment. Disciplining an employee for poor performance or misconduct is never an easy task. I hope this is a rare event for most employees. However, if this is not the case, a supervisor should always try to ensure that the employee: (1) receives a clear message about why his behavior was wrong and (2) fully understands the consequences of such behavior in the future. In some circumstances, the best tool to achieve these goals is a document commonly known as a „Last Chance“ agreement.

As the name suggests, an employer usually uses this tool only for monstrous mistakes or situations where chronic performance problems appear and progressive discipline has not been successful. The agreement should specify what the employee must do to keep his or her job. With respect to drug and alcohol-related problems, the employer often requires the worker to undergo a drug or alcohol rehabilitation program, requires regular status reports or medical clearance to go directly to the rehabilitation facility, and regular drug or alcohol testing after the employee returns to work. The ADA will advise employers against dictating the medical treatment of employees. However, a last-chance agreement is an exception to this rule; Employers have more flexibility because they offer to dismiss or retain any other discipline if they do not have to. Do you ever feel like you`re talking to a brick wall when advising employees who have serious performance issues? Sometimes a „Last Chance“ agreement may be the best choice to communicate clearly with staff on disciplinary matters. The agreement takes the form of a written contract; A collaborator is expected to sign it and print his name, and to also save the date. . . .

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