„Olson`s refusal to go to either the aptitude test or the doctor to verify his claims to the disease constituted misconduct that was contrary to the last-chance order. Therefore, this behaviour is only one reason for the village to terminate Olson`s employment. There will generally be a final part of one of these agreements, which states that the worker must focus on all aspects of the company`s policy and asserts that the employer retains the right to dismiss the employee in the event of a breach of a directive, including those that are not specifically relevant to the previous offence. Depending on the nature of the infringement that has already occurred, there may be elements complementary to this final part of the agreement, such as. B specific acts that the worker must generally respect (or avoid) during a given trial period. Sometimes employees enter into „load-luck“ agreements instead of redundancies. Under these agreements, an employer undertakes not to dismiss an employee, regardless of the employee`s current offence, and the worker agrees that finding a future fault will result in the loss of the employee`s employment. Once the employee has read and accepted the terms of the last-chance agreement, the worker and employer should sign and date the agreement. It may be helpful to give the employee general time frames to meet each of the terms of the last-chance agreement, to ensure that the employee moves forward towards a return to work and productivity. For example, the employee may be required to go to rehab as soon as the institution can accommodate him, submit status reports mid-term and after closing, and undergo monthly drug or alcohol testing within the first six months of returning to work. Assuming that the employee meets all the conditions of the last-chance agreement and returns to work for a specified period of time and fully complies with the company`s guidelines for a specified period of time, he or she should at some point be exempt from the terms of the agreement and treated like other employees.
As a general rule, the agreement ends after the employee has been free of drugs or alcohol and complies with company guidelines for a reasonable period of time. B, for example, from six months to a year, depending on the circumstances. The Adjudicator found that Olson was involved in several acts of misconduct that triggered the last-chance agreement, including the non-security of a co-worker officer on a traffic stop. With respect to the aptitude test, Olson`s adjudicator was not impressed: „Olson was ordered to appear and was informed that a non-registration could lead to his resignation. Olson did not report, and his reason he did not report is not credible. At first, Olson stated that he did not have transportation to the investigation site. When the apology was rejected, Olson stated that he was ill and could not go for the examination. The explanatory statement suggests that if Olson was indeed ill, he would have first apologized, as this would not make the alleged unavailability of transportation relevant.