Last Chance Agreement

pgcmls · January 2006

I'm looking for suggestions on how to word a Last Chance Agreement. I've included the violations, previous disciplinary actions taken, impact on office and organization, etc. etc.

Do you forsee any problems with ending the memo with the following before the signature line?

I understand that failure to abide by these terms will result in termination of employment. I also understand that failure to agree to this Last Chance Agreement will result in immediate termination.

Thanks for your input.

LarryC · January 2006

I wouldn't even call it an agreement. Call it a Last Chance Memo and end the memo with "any further occurrance will result in your immediate termination". I wouldn't care if the employee agreed to it or with it or not.

pork1 · January 2006

I agree with Larry C. In our last hearing for unemployment I use the failed to agree and sign a "last chance letter of instruction" as evidence of the opportunity. When the employee refused to sign the document because it was not written on letter head paper, the supervisor and manager witnessed signed the document and sent the employee packing. This note lined paper was presented as evidence and the hearing officer jumped all over the document and ask the x-ee why whe refused to sign, well it wasn't on letterhead paper"! The hearing officer wrapped that hearing up after I completed my presentation of evidence. She did not ask me one question and only asked the x-employment this one question. When asked did she have any evidence to present, which she had none. he hearing officer stated for the record well why are we here! gaffled the hearing closed and told us both we would have her response in 14 days. I got it in about 5 days. We won with the lined handwritten Last chance opportunity document as one of the key documents. We had plenty more, but the Hearing Officer was really into this simple document.

Good wishes for everyone this week-end, be safe and we will read about you next week on the forum.

PORK

WT · January 2006

It makes a difference whether there is a union involved or not. If you are simply putting a person on probation, clearly state what the problems are and what you expect. Give a time frame for improvement. Make it clear what will happen if the required improvement does not take place. When a union comes in, it is a different issue. It must be clear that the employee was represented, that he or she does not deny the wrong behavior, that something of value (continued employment) is being given, what exact conditions the employee must meet, who is to be the judge of whether such conditions have been met, and the penalty if conditions are not met.

Whatever · January 2006

>It makes a difference whether there is a union
>involved or not. If you are simply putting a
>person on probation, clearly state what the
>problems are and what you expect. Give a time
>frame for improvement. Make it clear what will
>happen if the required improvement does not take
>place. When a union comes in, it is a different
>issue. It must be clear that the employee was
>represented, that he or she does not deny the
>wrong behavior, that something of value
>(continued employment) is being given, what
>exact conditions the employee must meet, who is
>to be the judge of whether such conditions have
>been met, and the penalty if conditions are not
>met.
We are a union shop. When an ee is given a written warning, we state what the problem, what is expected of the ee and the consequences of not complying. The shop steward is always present. All we ask is that the ee sign that they have received the warning. If they refuse, we note the refusal on the form and that the shop steward is present. If within 5 days the ee wants to file a grievance with union, they can but they have to have lost something (wages, seniority, their job) because the grievance procedure requires them to ask for it back.

E Wart · January 2006

I was a little confused because we use the title "last chance agreement" with our Drug Free Workplace. Our disciplinary actions are still warning, probation, suspension, etc.
I agree with previous folks. You are not asking the employee if they agree, only if they got it. If they refuse to sign, you can have it witnessed taht employee refused to sign. I have never done it, (released someone when they refuse to sign) however have been told by unemployment that this is subordination and can dismiss immediately.
Also, make sure that you give the employee the opportunity to reply, if they wish to do so.
E Wart

System · January 2006

Welcome to the Forum, pgcmls!

I'm a little confused about what a last chance agreement is. I thought it meant that you could fire the guy right now but you're giving him one last chance, only if he agrees to the conditions in the agreement, like extra drug tests. If he doesn't agree to the extra restrictions, he's gone.

But some of you seem to be talking about what I'd call a final warning. If he doesn't sign it, he still has a job.

Are we talking about two different things? I never dealt with these because I've always had perfect employees. x:D

James Sokolowski
HRhero.com

pork1 · January 2006

James: The last chance agreement in our case is exercised when the employee has become a valuable assest but has lost his/her focus. The written discipline system has been completed and the situation is such that the ee will be terminated with in the next few minutes should the ee not come to the full understand and the critical nature of the moment in time. All the verbal and written warnings in accordance with the company policy, but because we need the ee's expertise and we are willing to operationally stretch the company discipline system to keep this employee on-board.

I don't care for this and wish that every supervisor and manager would start with the discipline system and follow-it through to the end, which is a termination rather than "a last chance agreement"! My feet do not follow the daily activity of the production group of managers, so who am I to tell the manager he/she is about to add a discipline step into the company policy for discipline. If it works for the manager then great. If it works for the ee then great. If it works for the company then great, and I will get it published in our policy and procedures manual, the Employee Handbook.

PORK

pgcmls · January 2006

Yes, I meant "This is your very last chance, buddy. You can sign that you understand you won't be given any more chances or you can be gone NOW."

Last Chance Agreement

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