The court justified this decision by the fact that “the employer`s obligation to take into account such a condition of disability [i.e. alcoholism] is not unlimited and an employer cannot be a collection insurer.” Id. at 813. In particular, “despite previous warnings, an employee cannot have another last chance and cannot avoid dismissal indefinitely by trying to enter another treatment after each relapse.” Id. at 811 (adding). Otherwise, the last chance agreement. “don`t make sense.” Id. at 812. 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 employee agrees to conduct drug testing at unannounced regular intervals for a period of two years from the date of this agreement. The examination is conducted six times a year. Despite the fact that there is a case law that gives employers a basis for the use and abandonment of ACL, your company is advised to err on the side of caution in managing alcoholism and other forms of addiction among your employees.
In each of the cases discussed above, the employer went far beyond simply providing a last-chance agreement to the employee. It is therefore likely that appropriate provisions for an application for pardon go beyond a single last-chance agreement. I am an HR representative in a California business — we employ about 50 people. I was recently informed of a situation with one of our staff and asked how to manage it. We have an administrative assistant with an alcohol problem. We have reason to believe that their alcoholism was the real reason for their excessive absence in the middle of last year. Then, a few months ago, she came to work intoxicated — she tripped in the office and sat down her words. She was sent home, but we did not want to fire her at that time.
Beyond her alcoholism, she fits very well with our culture and has good relations with her collaborators. We also wanted to be careful to comply with California`s “decent housing” legislation for employees with alcohol problems. So I met her the next day and offered her unpaid leave to participate in an alcohol rehabilitation program. She completed the program and has since returned to work. However, last week we again saw signs that their alcoholism might return. She was away from Monday to Wednesday, and when I finally called her on Thursday, the way she answered the phone allowed me to say she was drunk. She came on Friday and I met her. She apologized from top to top and asked if she could go to rehab a second time. What do we do? 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.