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. 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. After reading and approving the terms of the last chance agreement, the worker and employer must sign and date the agreement. 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. For employees whose drug addiction is associated with alcoholism or who are recovering from illegal drug use, the Americans with Disabilities Act extends protection against discrimination in addition to housing 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. Both the federal courts and the EEOC rejected these allegations and found that reasonable last-chance agreements were consistent with workers` rights under the ADA. Although alcoholism and the resumption of drug addiction are disabilities of the ADA, the agreements are imposed as a result of staff misconduct and not because of the disability. The employee always has the choice not to sign the agreement because he or she knows that the consequences are disciplinary measures that are the same as those that apply to any employee who violates the drug and alcohol guidelines.
After the positive drug or alcohol test, the worker has the choice to accept the second chance/last chance agreement or expect the immediate termination of the employment relationship. The personnel manager or company representative should have a meeting with the employee about the second chance agreement/last chance agreement. A copy of the positive drug test or breathalyzer test results should be made available to the employee. . . .