If you are an employer and are facing disciplinary action against an employee who has been accused of discrimination or harassment, you may want to consider implementing a “last chance agreement” or LCA. This agreement is a contract between the employer and employee that outlines the terms of continued employment, usually after an incident has occurred.
The importance of a last chance agreement lies in its ability to protect the employer from future legal claims and prevent further incidents of discrimination or harassment. An LCA typically involves the employee admitting to the wrongdoing and agreeing to follow a set of guidelines to ensure that there is no repeat of the behavior.
The Equal Employment Opportunity Commission (EEOC) recognizes the effectiveness of last chance agreements and often recommends them as a means of resolving employment disputes. However, it is crucial that the agreement is fair and reasonable for both parties involved. This means that the terms must be clear and easily understood, with no room for ambiguity.
When drafting an LCA, it is essential to include specific details regarding the nature of the offense, the disciplinary action taken and the terms of continued employment. The agreement should also mention any follow-up actions that will be taken to ensure that the employee is meeting the set guidelines.
It is also important to consult with an attorney experienced in employment law before finalizing the last chance agreement. This will ensure that the terms are legal and enforceable, protecting both the employer and employee.
In summary, a last chance agreement can be an effective tool in resolving employment disputes related to discrimination or harassment. However, it must be drafted carefully and with legal counsel to ensure that it is fair and reasonable for both parties involved. By doing so, the employer can protect themselves from future legal claims while also ensuring a safe and respectful workplace for all employees.