The employee shall agree to regular drug testing for a period of two years from the date of this Agreement. The examination takes place six times a year. It may be helpful to give the employee general deadlines to meet each of the terms of the last chance agreement to ensure that the employee is progressing towards a return to work and productivity. For example, the employee could be asked to go to rehabilitation as soon as the facility can accommodate him/her, to submit status reports halfway through and after graduation, and to undergo monthly drug or alcohol testing within the first six months of returning to work. Other conditions of continued employment (list of employers): For workers whose drug addiction is related to alcoholism or who are recovering from illegal drug use, the Americans with Disabilities Act extends protection against discrimination in addition to accommodation obligations. In some cases, workers claimed that the ADA did not allow employers to impose specific conditions on them, such as. B a `last chance` agreement which contains working conditions which are not required of other workers. As an alternative to dismissal, employers facing drug or alcohol policy violations sometimes want to give that person a second chance. Typically, this process involves an obligation for the employee to receive treatment or counseling for substance abuse, as well as a promise not to participate in further abuse, often supported by random testing. Employers taking advantage of last-chance agreements should understand that they are not a substitute for the obligation to make appropriate arrangements under the ADA. If the employer extends a second chance, it should be prepared to respond to requests for exemptions for participation in rehabilitation, 12-stage or other programs. Last chance agreements can be a very useful conservation tool in some situations, but they should be tailored to each individual situation.
Employers who choose to use it should contact their lawyer. For more information on other topics to consider, see: Using last chance chords as a storage tool. The agreement should contain a summary of the employee`s behavior and performance failures and cite the company`s guidelines that have been violated. A summary of progressive discipline received by the employee may also be included or, if the employer has kept detailed personnel records, it may be referenced. 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? In fact, your employee is tested positive for drugs or alcohol and you have a directive that allows them to keep their job based on certain conditions of job retention. These conditions of continued employment often vary from case to case depending on the situation. Maybe the employee is heroin positive and is very addicted. A treatment program for this person may differ from a treatment program for a marijuana user.
Assuming that the employee fulfills all the conditions of the last chance agreement and returns to work and fully complies with the company`s guidelines for a certain period of time, he should at some point be exempted from the terms of the agreement and treated in the same way as other employees.. . .