“Similarly, several state courts have enforced last-chance agreements as a valid waiver of a public service employee`s rights in the termination of the employment relationship. At least two other states expressly authorize the waiver by law. Whitwer signed his last chance. For the next 13 months, Whitwer continued to work as a firefighter without incident. However, in November 2013, police were sent on reports that Whitwer sent text messages and attempted to meet with the victim in violation of the contactless order and to attach her for other purposes. Officers checked a text message, confirmed that the order was still active, and arrested Whitwer. A court found him contemptuous and sentenced him to two days in prison with credit for the time served. The department then resigned from Whitwer for violating the last chance agreement. Once the employee has read and accepted the terms of the last-chance agreement, the worker and employer should sign and date the agreement. “We also do not accept that a last-chance agreement becomes arbitrary simply because the municipality retains the discretion to accept the offer. First, the fact that the worker has comparable discretion in refusing the agreement if and when it is proposed is overlooked.
In addition, any disciplinary decision begins in all cases with a discretionary exercise on the part of the municipality. The city should decide whether to offer an employee the opportunity to remain in office as part of a last-chance agreement, despite otherwise detachable misconduct. Since last-chance agreements involve mandatorly negotiable issues, such as discipline and job security, employment services have decided that the organization of staff work must be a contracting party to the agreement for the agreement to be valid. Employment agencies generally invoke labour laws against the “direct treatment” of employees on subjects that are subjects that are subject to compulsory bargaining. “There is no provision in the public service legislation that empowers the Commission to review and approve these agreements, nor to provide appropriate standards. On the contrary, the Commission acts as an adjudicative when it verifies the removal, decommissioning or suspension of a public service officer. Last-chance agreements can be a very useful conservation tool in some situations, but they should be tailored to each situation. Employers who choose them can venture to their lawyer.