Should an employer offer a “firm choice” or “last chance agreement” to an employee who might otherwise be fired for poor performance or misconduct due to alcohol or drug abuse? The benefits of a last chance deal for an employee are pretty obvious, but what is there to gain for employers? As the example above shows, a great benefit is retaining a valuable employee. It follows that other benefits may include savings on hiring and training costs. Another potential benefit is the creation of positive corporate morale. other employees will probably know that you gave the employee a chance, even if you didn`t have to. It may be helpful to give the employee a general amount of time to comply with each of the terms of the faint hope agreement to ensure that the employee is progressing on the path back to work and productivity. For example, the employee could be asked to go to rehabilitation as soon as the institution can admit him/her, submit situation reports halfway through and after graduation, and undergo monthly drug or alcohol testing for the first six months after returning to work. The EEOC wins a rare summary verdict in Title VII Reprisals in www.eeoc.gov/eeoc/newsroom/release/5-29-12.cfm (case related to the use of derogations in a last-chance agreement) Lamourette`s kiss A short-lived reconciliation, especially a reconciliation made dishonest; a short-term approach; apologies; smart or cunning scam. The Lamourette in this expression was Abbé Lamourette, a French politician who, on July 7, 1792, persuaded the many contradictory factions of the French Legislative Assembly to set aside their differences and work together for the common good. After numerous demonstrations and protests against peacemaking, lawmakers quickly fell into their former hostilities, but with even more hostility and resentment than before. Since then, the term has been used figuratively, usually in reference to temporary or dishonest political agreements.

Done right, faint hope agreements can be a great tool to help an employer retain employees with temporary issues while protecting the company. An employer may choose to do so, but is not required by the ADA, to offer a “firm choice” or “last chance agreement” to an employee who might otherwise be fired for poor performance or misconduct due to alcohol or drug abuse. Typically, as part of a “fixed choice” or “last chance agreement,” an employer agrees not to fire the employee in exchange for an employee`s consent, to receive drug treatment, to abstain from more alcohol or drug use, and to avoid other workplace problems. Violation of such an agreement usually justifies dismissal because the employee did not meet the conditions to continue working. You may know that under the Americans with Disabilities Act (ADA), employers are discouraged from dictating the medical treatment of employees. However, a faint hope agreement is an exception to this rule. What for? You get more leeway because you offer to suspend dismissal or any other disciplinary action when you don`t have to. In addition to the terms of the agreement, there are other aspects to consider when using last chance agreements.

The first question is how to decide which employees are offered agreements and which are not. You can use them at any time when an employee faces dismissal if you wish, but if you decide to be selective, you need to make sure that your selection process is not discriminatory. For example, you want to make sure that you don`t just give last-chance deals to men, people of a certain race or religion, or people with certain types of disabilities (for example. B, physical impairments, but not mental impairments). Appropriate selection criteria may be: job performance, seniority or operational requirements at the time of the agreement. The other issue that employers sometimes face when using faint hope agreements is whether a waiver of rights is foreseen. A waiver of rights is essentially an agreement that, if the employer refuses an otherwise justified dismissal, the employee agrees not to file a complaint of discrimination. Waivers of workers` rights are generally frowned upon by the Equal Employment Opportunity Commission (EEOC) and therefore need to be carefully worked out when included in a faint hope agreement. It may be best to simply omit them, but if you choose to include them, you should contact your legal counsel. “Nothing in the Civil Service Acts empowers or establishes standards for the Commission to review and approve such agreements. Rather, the Commission acts in a judicial capacity when it considers the dismissal, downgrading or suspension of a public servant. The agreement takes the form of a written contract; An employee is expected to sign it and print their name, also recording the date.

Your immediate supervisor and a staff representative – usually a human resources manager, depending on the size of the company – will be present at the signing, signing and printing of their names and confirmation of the date the agreement was concluded. An agreement is not always synonymous with a contract, as it may lack an essential element of a contract, such as . B consideration. This is where a last chance deal comes into play. A faint hope agreement, also known as a firm choice agreement, is an agreement between an employer and an employee who is disciplined (often terminated) for violating company policies. The agreement sets out what the employee must do to avoid disciplinary action. This type of agreement gives an employee another chance to resolve their problems and keep their job, and also reminds the employee that any deviation from the agreement means the immediate application of the disciplinary measure. Here at the Job Accommodation Network (JAN), we often suggest using last-chance agreements for employees whose disabilities have contributed to or caused performance or behavioral violations, especially if an employee states that he or she wants to try to solve the problem. .