b'Keep in mind that so many people in rescue mission programs live in a highly transactional world, so their natural inclination may be to see work therapy as a job. Ensure there is true therapeutic, holistic value and that any work they perform is evaluated on that basis alone.been made clear from the start.employment status by signing aCompensation The most effective means of clarify- statement that he or she is not anA ny working hours should ing these lines is having a well- employee. The courts have used abe appropriate to meet documented program in place thatfacts and circumstances analysis totherapeutic goals. Gratu-uses a written recovery plan, whichdetermine applicability of employ- ity amounts (avoid use of the term describes how and why the work/ment law, so programs must be setstipend) and level of participa-contribution performed by the clientup in such a way (taking into con- tion in program activities must is rehabilitative in nature. In the ini- sideration all these guidelines) thatbe equal for all clients in the pro-tial intake session, clients shouldthe courts would not consider thegram. It is acceptable to offer dif-sign an agreement indicating thatparticipants employees. The signedfering amounts in accordance with they understand that some hours ofstatement only clarifies the partici- different phases of the program as work/contribution will be a part ofpants expectation that he or she isa form of incentive. However, it is their recovery programs, but that thisnot an employee, so considerablecritical that all clients in the same is a part of their rehabilitation. Thetime and effort should be expendedphase receive the same gratuity documentation should be clear thatto make sure the client/studentamount, regardless of actual hours the participant is not being paid forunderstands the relationship. Keepworked. In other words, if partici-activity in the program. It should alsoin mind that so many people inpants miss a work assignment, their be made clear that participation in therescue mission programs live in agratuity amounts are not adjusted, program does not establish an em- highly transactional world, so theirthey are still in the program, and ployee/employer relationship fornatural inclination may be to seethey get the gratuity amount because which the participant will receivework therapy as a job. Ensure therethey are in the program. Behaviors, wages, and that there is no promise is true therapeutic, holistic valueincluding missed work assignments, express or impliedof employment. and that any work they performcan result in other discipline and Note that a person cannot waiveis evaluated on that basis alone.may be cause for release from the \x02 40 WWW.CITYGATENETWORK.ORG JANUARY/FEBRUARY 2022'