News & Analysis as of

Last Chance Agreements

Retroactive Accommodations to Excuse Past Misconduct Not Required under the ADA

by Hinshaw & Culbertson LLP on

Envision a situation where you are about to terminate an employee for violating a work conduct rule. Sensing what is coming, the employee explains to you her disability caused her to violate the rule. Are you required to...more

Unionized Workforce Alert: “Last Chance” Agreement Gives Fired Employee Another Chance – Six Years Later

by McCarter & English, LLP on

The scenario is familiar to most employers that manage employees covered by a collective bargaining agreement: a union challenges the termination of a bargaining unit member, and the parties face an uncertain outcome before...more

Quirky Question #245, Last chance agreements

by Dorsey & Whitney LLP on

We operate a manufacturing plant with a union workforce where new employees begin with a 90-day probationary period during which they are not yet members of the union. I recently hired a guy who refused to work overtime on...more

Labor Arbitrator Authorized To Void Agreement Based On Mutual Mistake

This week the Eighth Circuit confronted an interesting question: if a union member believed he failed a drug test, and therefore agreed his employer could terminate him if he tested positive again, can the arbitrator...more

Last Chance Drug and Alcohol Use Policy Did Not Violate ADA

Some employers believe in giving employees a second chance. When the reason for taking action is related to drug or alcohol use, employers frequently require employees to agree to certain terms as a condition of returning to...more

“Cardinal Rule” Safety Violation Warranted 6-Month Suspension, Last-Chance Order

by Dentons on

A millwright who violated his employer’s “Cardinal Rules” by committing a lock-out violation, deserved a six-month suspension and with a last-chance stipulation, an arbitrator has held. The company’s decision to dismiss the...more

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