Last Chance Agreement Drugs
Once the employee has read and accepted 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. 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. Here are some of the conditions that are generally included in last-chance agreements for employees with drug or alcohol problems: the agreement should contain a summary of the employee`s behaviour and failings and cite company guidelines that have been 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. 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? So basically, your employees test positive for drugs or alcohol and you have a policy that allows them to maintain their work on the basis of certain conditions of maintenance of employment. These conditions of employment often vary from case to case depending on the situation.
Maybe the employee is positive for heroin and is very addicted. A treatment program for this person may differ from a treatment program for a marijuana user. For workers whose substance abuse is related to alcoholism or those recovering from illegal drug use, the Americans with Disabilities Act expands protection against discrimination in addition to accommodation obligations.