2Nd Chance 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. As an alternative to dismissal, employers who face violations of workers` drug or alcohol policies sometimes want to give that person a second chance. Typically, this process involves requiring the employee to seek treatment or advice for substance abuse, as well as the promise not to participate in other abuses, often supported by sample testing. 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.
Many employers in their drug-free employment policy give a worker a second chance after a confirmed positive test result and verified drug testing. Sometimes the second chance agreement is called the last agreement. The District Court recognized the tribute on the basis of arbitration awards, but found that the arbitrator had exceeded his limits. It upheld the employer`s right to perform a random test and issue a CLA and rejected the arbitrator`s conclusion that Johnson`s ACL was unacceptable, as Johnson had predicted at the time of his initiation that he would not pass the test when that prediction proved to be wrong. The regional court relied in part on a decision of the eighth district, in which it stated that „last-chance agreements in arbitration proceedings are normally binding.“ It confirmed the termination on the basis of the ACL. I have been doing CSA in this company for three years. I recently tested marijuana positively during a drug test and wondered if anyone had any information about the second chance agreement. I contacted my current and past SMs and ASMs, and none of them were sure what the agreement brought.
The company`s policy seems rather vague about the agreement and everyone I spoke to gave me second-hand information that was at least 5 years old. Has anyone recently had personal experience with this program or has it helped someone? I know you must have spent at least two years in the company to complete the contract. Thank you in advance for all the answers! The issues of safety, image and productivity will certainly be addressed. But the debate often focuses on whether the treatment works, whether someone may be forced to get help and whether it is even worth offering a second chance. If, for the duration of the agreement, staff violate this „last-chance“ agreement or a subsequent agreement between the employee and a drug treatment program, if the employee violates the employer`s drug and alcohol guidelines, if the employee refuses to submit to a drug and/or alcohol test, the worker will be immediately dismissed from the workplace.