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Second Chance Agreement

28 Jun 2016

Drug Free Workplace Policy – Termination or Second Chance?

Many employers in their drug free workplace policies give an employee a second chance after a confirmed and verified positive drug test results.  Sometimes the second chance agreement is called a last chance agreement.

So basically your employee tests positive for drugs or alcohol and you have a policy that allows them to keep their job based on certain conditions of continued employment.  These conditions of continued employment often vary from case to case depending on the situation.  Perhaps the employee is positive for heroin and is severely addicted.  A treatment program for this person might be different from a treatment program for a marijuana user.

After the positive drug or alcohol test, the employee has a choice to agree to the second chance agreement/last chance agreement or face immediate termination of employment.  The HR manager or company official should have a meeting with the employee regarding the second chance agreement/last chance agreement.  A copy of the positive drug test or alcohol test result should be provide to the employee.  The employer may decide to suspend employees for a period of time after a positive drug or alcohol test.  This gives the employee an opportunity to seek the substance abuse counseling or treatment program.  

A sample second chance agreement/last chance agreement is provide – Click Here.

Some of the provision of the second chance agreement/last chance agreement may look like what you see below.

Drug Free Workplace
Last Chance Agreement

In lieu of terminating employment of an employee who tests positive for illegal substances or alcohol, this Company (Employer) provides the employee a final opportunity to agree to comply with all Company policies and practices.

In accordance with the Company’s drug free workplace policy, the employee listed below has tested positive on a Company required drug or alcohol test.  The Company will allow the employee to continue to be employed with the Company based on this second chance agreement which requires the following:

The employee will be suspended from employment without pay for 3 days.

The employee will actively participate in the company’s employee assistance program (EAP). The employee will schedule [his/her] first EAP appointment no later than one week from the date of this Agreement.  All costs cost of any treatment counseling or treatment program will be the employee responsibility.

The employee agrees to provide documentation of enrollment in a substance abuse counseling or treatment program no later than one week from the date of this Agreement.  All costs of any treatment counseling or treatment program will be the employee responsibility.

The employee agrees to unannounced periodic follow-up drug testing for a period of two years from the date of this agreement.  Testing shall be six times per year.

Other conditions of continued employment (employer please list):

If during the duration of the Agreement, the employee violates this Last Chance Agreement or any subsequent agreement made between the employee and a substance abuse treatment program, if the employee is found in violation of the employer’s drug and alcohol policies, if the employee refuses to submit to a drug and/or alcohol test, the employee will be subject to immediate termination from employment