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. 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? Assuming that the employee meets all the conditions of the last-chance agreement and returns to work for a specified period of time and fully complies with the company`s guidelines for a specified period of time, he or she should at some point be exempt from the terms of the agreement and treated like other employees. As a general rule, the agreement ends after the employee has been free of drugs or alcohol and complies with company guidelines for a reasonable period of time. B, for example, from six months to a year, depending on the circumstances. 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. 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. In order to minimize the chances of obtaining additional arbitrations and possible misunderstandings, this type of agreement is usually very short. This is often a general declaration of consent of a worker for committing a serious violation of the policy.
