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I'm going to be receiving a last chance agreement. I'm in…

I'm going to be...

I'm going to be receiving a last chance agreement. I'm in middle management, running an assisted living community. Do I really have a chance or should I just chalk this up to procedure and assume I will be getting terminated?

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

No I have not.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No I do not. It's at will.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was first on a plan of correction. part of their concern is that I am too lenient on my staff, that I don't hold them as accountable as I should. I have basically corrected many portions of the plan except for this one. My concern is that this area leads so much to interpretation. They are concerned about my style of management. How do I correct that to their satisfaction? Also, how long do last chance agreements usually last?

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Answered in 5 minutes by:
3/25/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,122
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

An employer doesn't give a Last Chance Agreement unless they intend to honor it. That is because, it takes on contractual obligations for themselves as well.

I won't tell you that the employer may not choose to terminated, but giving the LCA gives you a document signed by them which you can attempt to use as the basis for a wrongful termination claim, if they choose not to honor that agreement.

Essentially, you have very little to lose from entering into the agreement and something potentially to gain.

Now, that being said, if the agreement is very loosely drafted, maintains the "at will" employment status and they require the correction of something to their satisfaction, it can be tricky or even impossible for you to meet their requirements. However, you have to remember that they don't have to go through this LCA process. They could just terminate, without the pretense of the agreement. I would read it to make sure that you are not agreeing that any termination following the agreement would be disqualifying for unemployment or that you are not agreeing to give up other potential rights to sue based on perceived discrimination, etc. or the right to work where you wish (non-compete). Otherwise, all you can really do is your best, ***** ***** at present the employer is not satisfied...and so you should be keeping your eyes open for other opportunities.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 28 days ago
do I have to ask all questions right now or may I ask them as they come to mind?

You can ask them as they come to your mind. Even after you rate my service, questions which are directly related to this specific question can be asked. I will answer reasonable follow ups even to closed questions (I've responded even a year later).

If it is an entirely new question, not related to this topic, then you'd be asked to open a new question.

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Customer reply replied 28 days ago
Fyi I'm part of a protected class as well. 62 years old. Does that make any difference to my situation?

Being a part of a protected class only matters if you can also say 'and the only reason the employer is doing this to me is because I am a member of that class.'

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,122
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 28 days ago
Ok ty. I may contact you later regarding this situation.

Understood.

May I ask why you rated my service as only "good?" It matters for our ratings. I have answered your questions and have offered continuing service. Why only "good?"

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Customer reply replied 28 days ago
I thought Good was a fine rating. I can change it. I regularly rate staff performance and good is above expectations. Great is perfection which happens rarely. Again, I can change it.

The rating you wish to use is fine, but most people when they rate less than 5 feel that something was missing.

I always ask, because if you felt something was missing, then I want to address that.

If you didn't feel anything was missing and felt satisfied with the service, but just don't normally give the highest rating, that's fine.

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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,122
20,122 Satisfied Customers
Experience: Employment/Labor Law Litigation

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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