“Job abandonment” is when an employee stops showing up for work without notifying the employer. But is it considered resignation or termination? And what are the legal implications?
What Is Job Abandonment?
- Typically defined as three or more consecutive days of unexcused absence
- Varies by state and employer policy
- Considered voluntary resignation in many workplaces
Employer Obligations:
- Must attempt contact (calls, emails, letters)
- Should follow their internal policies consistently
- Should document all steps taken before termination
Employee Rights:
- If absence was due to medical emergency, they may be protected under:
- FMLA
- ADA
- State-specific leave laws
Best Practices:
- Employees: notify employers even in emergencies
- Employers: include job abandonment terms in employee handbook
Legal Risks for Employers:
- Wrongful termination claims if policies aren’t followed
- Discrimination claims if abandonment rules are applied selectively
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