Job Abandonment: Definition, Policies and How to Handle It
Dealing with job abandonment is an unfortunate reality for many managers. As hard as you try to pick responsible candidates during your hiring process, there’s always the chance that you’ll end up bringing someone on board who decides one day that they’re going to play hookey and never returns.
If you’re a manager, it’s important that you prepare yourself for the worst so that when a worker goes MIA, you’ll know exactly how to handle it.
In this guide, we’ll discuss what job abandonment is, what policies you need to have in place, and how to handle it when it happens.
What Is Job Abandonment?
Job abandonment occurs when an employee fails to show up to their scheduled shift without notifying anyone and without any plans to come back at any point. Essentially, the employee quits the job without letting anyone know.
It’s a rude and inconsiderate thing to do that can put team members and managers in a tough position as they scramble to figure out how to redirect the work.
However, just because an employee doesn’t show up for a few days doesn’t mean that you can jump to the conclusion that it’s an instance of job abandonment.
There are a few instances in which a worker may not give notice because they are unable to, such as a medical emergency that’s left them incapacitated, a family emergency in which the person they asked to call for them forgot, a natural disaster, or a sudden incarceration.
In these cases, even being a no show for an extended period of time does not constitute job abandonment.
However, in real cases of job abandonment, the most common causes are that the employee is too embarrassed to quit in person, or that they received a new job (or more hours at another job).
Although there are no federal or state laws that specifically deal with job abandonment, there is case law at the state level that often specifies how long is a reasonable amount of time before an employer can declare job abandonment.
Employers may therefore want to consult with a legal professional before moving forward with any proceedings. If employers move too quickly, they can get hit with wrongful termination of employment claims.
Job Abandonment Policies
Since there are no standardized laws and regulations concerning job abandonment, employers must take it upon themselves to clearly state their own individual policies. Typically, this will be done during onboarding and included in the employee handbook.
For example, an employer may say that three days of unnotified and unapproved absence means that the employee is voluntarily resigning via job abandonment. Or, if an employee doesn’t return from a scheduled vacation within three days of the end date, they are abandoning their position.
These sorts of clearly defined policies can remove some ambiguity and save the employer from legal liability. By instituting standardized policies, employees have less standing to file wrongful termination of employment claims.
Another way to handle job abandonment is to send a notice to the employee’s home address stating that they will be terminated if they do not make contact with their employer and provide an acceptable explanation for their disappearance. They should require a signature upon receipt.
They may also want to provide information on the Family Medical Leave Act (FMLA) and short-term disability insurance.
It’s reasonable for employers to be flexible with these guidelines, but they should keep in mind that if they do decide to cut their employees some slack, it could set a precedent that will be hard to go back on.
What to Do When Faced With Job Abandonment
The first step when an employee doesn’t show up for work is to try to make contact with them. Employers should not jump to the conclusion that they are abandoning their work, as there is occasionally a very reasonable explanation, such as a medical or family emergency.
However, if contact cannot be made and no explanation is procured, employers should move forward with their codified job abandonment policies. This may include sending notification by mail, and terminating the employee after the allotted time period has passed.
If the employee returns after the deadline has passed and is able to provide a legitimate excuse, it’s up to the employer’s discretion whether they will reinstate them.
Employers should also be aware that they cannot withhold a final paycheck in an attempt to get the employee to return. They must pay the employee all their wages, overtime, and any other payments due regardless of whether they abandoned the job or not.
No matter what, employers should not be too hasty to terminate an employee as that can result in a wrongful termination of employment lawsuit.
Key Takeaways
Job abandonment is an unfortunate but relatively common occurrence in some industries, especially among shift workers. Managers and employers must have clear systems and policies in place to deal with these situations when they arise.
Employers must take care when handling job abandonment as rash decisions can lead to legal trouble. They should always give the benefit of the doubt and only assume job abandonment is afoot when a reasonable amount of time, such as three days, has passed.
To reduce your chances of experiencing job abandonment, do your best to weed out risky candidates during the recruiting process. While this isn’t foolproof, hiring responsible employees will lower the probability that any of them will abandon their jobs unexpectedly.
JD enjoys teaching people how to use ZoomShift to save time spent on scheduling. He’s curious, likes learning new things everyday and playing the guitar (although it’s a work in progress).