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. 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. Last-chance agreements can be a very useful conservation tool in some situations, but they should be tailored to each situation. Employers who choose them can venture to their lawyer. For more information on other topics to consider, see: Use Last-Chance agreements as a storage tool. Once the employee has read and accepted the terms of the last-chance agreement, the worker and employer should sign and date the agreement. 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? In this section, the employer indicates what happens if the worker does not comply with all the terms of the agreement. As a general rule, the consequence is an immediate termination, unless the employee has a valid reason not to do so.
If the employee.B signs a medical authorization so that the employer can receive progress reports but the institution does not make them available, this may be a cause of non-compliance. The agreement should specify exactly what the employee needs to do to keep his or her job. With respect to drug and alcohol problems, the employer often requires the employee to take out a drug or alcohol rehabilitation program, provide periodic status reports or medical authorization to contact the rehabilitation centre directly, and regularly test for drugs or alcohol after the employee returns to the workplace. Under the ADA, employers are not advised to dictate medical treatment to workers. However, a last-chance agreement is an exception to this rule. Employers have more leeway because they offer to withhold redundancies or other disciplines if they do not have to. Here are some of the terms that are generally included in last-chance agreements for employees with drug or alcohol problems: It may be helpful to give the employee general time to meet each of the terms of the last chance agreement, to ensure that the employee is moving towards a return to work and productivity.