Last Chance Agreement Unconstitutional

Last Chance Agreement Unconstitutional


It is a well-known fact that when an employee breaches company policy or engages in misconduct, the employer has the right to discipline them. This disciplinary action can range from a verbal warning to termination, depending on the severity of the violation. However, in some cases, employers may offer a “last chance agreement” to the employee as a way to avoid termination. In this article, we will explore the constitutionality of “last chance agreements.”

What is a “last chance agreement”?

A “last chance agreement” is an agreement between an employer and an employee in which the employee agrees to follow certain conditions after committing an act of misconduct. These conditions may include attending counseling, submitting to drug testing, or meeting certain performance standards. In exchange for the employee`s adherence to these conditions, the employer agrees not to terminate the employee`s employment.

Are “last chance agreements” constitutional?

The answer to this question is complicated and may vary depending on the specific circumstances of the case. However, in general, “last chance agreements” are not inherently unconstitutional. Employers have the right to discipline their employees as they see fit, and “last chance agreements” are one way to do so.

That being said, there are some situations in which a “last chance agreement” may be unconstitutional. For example, if the conditions of the agreement violate the employee`s rights under the Constitution or other federal or state laws, the agreement may be deemed invalid. Similarly, if the employer coerces the employee into signing the agreement under duress, the agreement may also be considered unconstitutional.


In conclusion, “last chance agreements” are a tool that employers can use to discipline employees who have engaged in misconduct. While these agreements are not inherently unconstitutional, they must be executed carefully to ensure that they do not violate the employee`s rights or state and federal laws. Employers should consult with legal counsel before offering a “last chance agreement” to an employee to ensure that the agreement is valid and enforceable.