Abandonment of employment: Overview, definition, and example
What is abandonment of employment?
Abandonment of employment refers to a situation in which an employee voluntarily leaves their job without notifying their employer, and without providing any intention to return. This can happen when an employee stops showing up for work without a valid reason, does not inform their employer about their absence, or fails to return after a period of approved leave. Abandonment of employment is typically treated as an involuntary resignation by the employer and can lead to termination of the employee’s position.
For example, if an employee stops reporting to work for several days and does not respond to calls or emails from the employer, this could be considered abandonment of employment.
Why is abandonment of employment important?
Abandonment of employment is important because it helps clarify the consequences for both employers and employees in situations where there is a sudden, unnotified departure. For employers, understanding the legal definition of abandonment ensures that they can act appropriately to terminate the employee's contract and protect the interests of the business. For employees, understanding what constitutes abandonment can prevent misunderstandings about resignation, termination, and severance.
For businesses, clear policies on abandonment of employment help reduce confusion about employee absences, minimize disruptions, and ensure that the organization can maintain proper staffing levels. For employees, knowing the rules regarding abandonment can help them avoid unintentionally losing their job.
Understanding abandonment of employment through an example
Imagine an employee who works at a retail store and has been on sick leave for a few days. After the approved sick leave period ends, the employee does not return to work, nor do they communicate with their supervisor. After several attempts to contact the employee, the employer concludes that the employee has abandoned their position. As a result, the employer terminates the employee’s contract due to abandonment of employment.
In another example, an office worker takes a vacation but does not return to work after the scheduled time off. The employee fails to call in or provide an explanation for their absence. After a few days of unnotified absence, the employer may consider the situation as abandonment of employment and proceed with termination.
An example of an abandonment of employment clause
Here’s how an abandonment of employment clause might appear in an employee handbook or contract:
“If an employee fails to report to work for three consecutive days without prior notice or an acceptable explanation, the employer may consider the employee to have abandoned their position. In such cases, the employee’s employment may be terminated, and the employee will be considered to have resigned voluntarily.”
Conclusion
Abandonment of employment occurs when an employee voluntarily leaves their job without proper notification or a valid reason. It is important for both employers and employees to understand the legal and contractual implications of abandonment, as it can lead to termination and affect the employee's eligibility for benefits or severance. Clear policies on abandonment help ensure that all parties understand the expectations regarding attendance and communication in the workplace.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.