Drug Testing: Last Chance Agreement

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In lieu of terminating employment of an employee who tests positive for illegal substances, [Name of Company] provides the employee a final opportunity to agree to comply with all company policies and practices.

[Name of Employee] and [Name of Company] agree to the following:

The employee tested positive for an illegal substance, a serious violation of company policy. Instead of immediately terminating employment, [Name of Employee] will be suspended from work without pay for _______ consecutive work days beginning [insert date].

The employee agrees to abstain from the use of illegal substances. The employee has received another copy of the employers drug and alcohol policy and agrees to comply with all provisions of this policy.

The employee will actively participate in the companys employee assistance program (EAP). The employee will schedule [his/her] first EAP appointment no later than one week from the date of this Agreement.

If instructed by the EAP counselor to seek medical advice, the employee will seek assistance from medical professionals regarding [his/her] use of illegal substances and will comply with all of the medical professionals recommendations. Employee further agrees to sign the appropriate Medical Release Authorization to allow [Name of Company] to receive information from the medical professional.

The employee agrees that all costs of medical consultation and treatment will be the responsibility of the employee and [his/her] medical insurance (as applicable).

If absence from work is necessary as part of the treatment or rehabilitation, the employer will designate the absence as Family and Medical Leave (FMLA) as long as all FMLA requirements under the companys policy, including medical certification, are met. Available accrued sick leave, vacation and personal leave will be used as part of the FMLA leave.

The employee agrees to unannounced periodic follow-up drug testing for a period of two years from the date of this agreement.

The employee understands that [Name of Company] is an employment-at-will employer. The employee agrees to comply with all company policies, practices and procedures and understands that this agreement in no way prevents the employer from taking disciplinary action, including termination, for violations.

The employee accepts that this agreement is [his/her] last chance to remain employed at [Name of Company] while addressing [his/her] illegal substance abuse. Failure to comply fully with the terms of this agreement will result in immediate termination.

Agreed to by: ___________________________________

(Signature of Employee)

Employees printed name:___________________________

Date: _______________

Immediate Supervisor:_______________________________

(Signature of Supervisor)

Supervisors printed name:_____________________________

Date: ________________

Human Resources Director:_______________________________

(Signature of Human Resources Director)

Human Resources Director printed name:______________________

Date: _________________

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