News Notes: Worker Lawfully Terminated Following Violation Of Last-Chance Agreement

Last month we reported on how you can use a last-chance agreement to give employees with substance abuse problems one more opportunity to improve before being terminated. Now a California Court of Appeal has upheld the termination of a worker who violated a similar agreement. Thomas Robison, a refuse collector for the city of Manteca, tested positive in a random drug test. He signed a “recovery agreement” in which he agreed to undergo substance abuse treatment, but never followed through. He also gave up his right to appeal to the Personnel Board if he was later fired. After he was terminated, Robison charged that the agreement wasn’t lawful because the employer failed to tell him that he should seek legal counsel, didn’t review the document with him and presented it to him turned to the signature page. But the court upheld the termination, ruling that Robison had time to review the agreement and could have sought independent advice about its terms.