Last-chance agreements put employers on sure footing — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Last-chance agreements put employers on sure footing

by on
in Discrimination and Harassment,Firing,Human Resources

If you offer last-chance agreements instead of immediately firing employees, you can impose seemingly draconian measures without worrying about a lawsuit. If you later terminate an employee for violating agreement terms, most courts will take your side.

Recent case:
Robert Tack worked as a pipefitter and was frequently cited for safety violations. Instead of firing him outright, the company offered him a last-chance agreement.

Tack signed the agreement, which said he could be fired for even minor rule violations. Then a supervisor observed him working without safety glasses and fired him.

Tack sued, alleging sex discrimination. The court tossed out the case, reasoning that breaking the last-chance agreement was a legitimate reason for termination. (Tack v. PCC Airfoils, No. 2008-CA-00015, Court of Appeals of Ohio, 2008)

Leave a Comment