Job Abandonment: What Every Employer Needs to Know (Policy Example Included)
February 19, 2025 Written by Cynthia Orduña
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Have you ever had an employee stop showing up to work without notice? What should you do in situations like these? What are your legal rights as an employer? How should you handle job abandonment properly?
This article will walk you through everything you need to know, from explaining the job abandonment definition to creating policies that protect your business.
What Is Job Abandonment?
Job abandonment occurs when an employee is absent from work for multiple consecutive days without notifying their employer and with no intention of returning. This is typically considered a voluntary resignation, meaning the employer can terminate the employee without it being classified as an involuntary dismissal.
However, before an employer finalizes a termination, they must follow company policies and ensure compliance with employment laws such as the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) to avoid wrongful termination claims.
How Is Job Abandonment Different from a No-Call/No-Show?
A no-call/no-show refers to a single or occasional employee absence without notification. In contrast, job abandonment involves repeated, unexplained absences (usually three or more consecutive days) and a complete lack of communication from the employee.
Is Job Abandonment Illegal?
While job abandonment itself is not illegal, it can lead to termination and may impact an employee’s eligibility for unemployment benefits. In most cases, employees who abandon their jobs are considered to have voluntarily resigned, which makes them ineligible for benefits unless they can prove extenuating circumstances such as a medical emergency.
How Does Job Abandonment Affect Employment Records?
Employers typically document job abandonment as a voluntary resignation in the employee’s records. This can affect future job prospects, as potential employers may contact previous employers for reference checks.
What Length of Absence Is Considered Job Abandonment?
Most companies define job abandonment as three consecutive days of unnotified absence, but this may vary by organization. Employers should refer to the job abandonment policy in their employee handbook for specifics. Even after multiple absences, employers are responsible for investigating the situation before making any termination decisions.
Some employees may have valid reasons for not notifying their employer, such as:
- Medical emergencies
- Personal crises
- Natural disasters
- Incarceration
Failing to investigate could result in wrongful termination claims, so it’s essential to follow protocol.
Struggling with unexpected employee departures? Careerminds provides expert outplacement services to help organizations navigate turnover smoothly.
What Should Employers Do When Employees Ghost Them?
If an employee stops showing up for work and won’t return your calls, follow these steps:
1. Attempt to Contact the Employee
Try reaching the employee via:
- Phone
- Text message
- Workplace messaging apps
Make sure that you document these attempts to show that you made a reasonable effort to contact the employee.
2. Don’t Make Rash Termination Decisions
Before terminating an employee, consider whether they may have a legitimate reason for their absence. If they’ve had one no-call/no-show, but otherwise have a good record, give them a chance to explain.
3. Issue Final Payments and Recover Company Property
Employers must pay employees for all hours worked, including overtime and commissions, even if they abandon their job. However, you cannot withhold their final paycheck in order to force them to return company property. If necessary, you can send a formal demand letter requesting the return of company items.
4. Be Consistent in Your Policy Enforcement
Apply your job abandonment policy fairly to all employees. If one employee is terminated after three no-call/no-shows, you must follow the same rule for everyone to maintain fairness and avoid discrimination claims.
What to Include in Your Job Abandonment Policy
If you don’t have a formal job abandonment policy, create one as soon as possible. Your policy should be developed with HR consultants and legal advisors to ensure compliance with all applicable employment laws.
Key Elements of a Job Abandonment Policy
- Job abandonment definition: Clearly state how many days of unnotified absence will be considered job abandonment.
- Notification requirements: Explain how employees must notify their supervisor if they cannot come to work.
- Consequences of unnotified absences: Specify that job abandonment will be classified as a voluntary resignation.
- Alternative contact methods: Indicate how employees can have a family member or friend notify the company if they are unable to do so themselves.
- Termination procedures: Outline how and when employment termination decisions will be made.
Sample Job Abandonment Policy
Here’s an example of a job abandonment policy that you can adapt for your organization:
| COPYABLE EXAMPLE:
Absenteeism and Job Abandonment Policy At [Company Name], maintaining reliable attendance is essential for the smooth operation of our business. To ensure clarity and fairness, we have established the following absenteeism policy:
|
Sample Job Abandonment Letter Template
If you need to formally terminate and offboard an employee with a job abandonment letter, here’s a template you can use:
| COPYABLE EXAMPLE:
[Company Name] [Employee Name] Subject: Notice of Termination Due to Job Abandonment Dear [Employee Name], We have attempted to contact you multiple times regarding your unexplained absence from work since [first date of absence]. As of today, you have been absent for [number] consecutive days without notification or approval. Per our job abandonment policy, failure to report to work or notify management for [number] consecutive days is considered a voluntary resignation. As a result, your employment with [Company Name] is terminated, effective immediately. Your final paycheck, including all earned wages, will be issued in accordance with state laws. Additionally, please return any company property in your possession by [date]. If you have any questions, please contact [HR Contact Name] at [HR contact information]. Sincerely, |
Job Abandonment: Key Takeaways
Dealing with job abandonment can be challenging, but having a clear policy in place helps protect your business and ensures a fair process for all employees.
Here are the key takeaways:
- Define job abandonment clearly. Most companies classify it as three consecutive no-call/no-show days, but this may vary by organization.
- Ensure compliance with FMLA, ADA, and other federal and state-specific regulations to avoid wrongful termination claims.
- Document all efforts to reach out via phone, email, and workplace messaging apps before taking any action.
- Outline notification procedures, consequences of unnotified absences, and termination steps in your company policies and employee handbook.
- Apply job abandonment rules fairly to all employees to prevent discrimination claims.
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