What does job abandonment mean?
When an employee does not show up to work for a certain number of days without giving notice to their employer, they are considered to have abandoned their job. This effectively functions as a resignation, without the formality of leaving the position. For a California employer to handle a case of job abandonment, he or she must first define the resignation clearly, look into what may have caused it, then ensure that he or she is complying with the state’s labor laws.
An employer in California should ensure that they are being consistent with how they treat resignations, whether they involve job abandonment or the more traditional leave-taking.
It is possible to avoid job abandonment, or at least make it less likely, by having certain policies in place. These policies may include a generous vacation or leave policy, which will contribute to happier, healthier workers who are less likely to give in to stress or disillusionment and abandon their job. Also, an employer can have flexible scheduling, which again allows an employee more freedom and contributes to increased worker happiness.
Good communication between employer and employee also helps reduce cases of job abandonment by encouraging an open dialogue. If a worker has problems, he or she should feel free to discuss them with their employer to find a solution that works for everyone. When a worker feels helpless and unheard, they may decide that the only option is to simply leave the job on the spot.
Job abandonment is a serious issue for California business owners because more and more employees feel the need to leave their positions without notice. In the era of the Great Resignation, it is all too common for a valuable staff member to not show up to the office one day. Their employer may assume they are sick and forgot to notify HR. But then the employee does not show up the next day, and the day after that. Perhaps the employer emails, calls, and texts them – but no response. After a week, it becomes clear that the worker has abandoned their job.
The result is that the employer is left in the lurch, unable to run their business effectively. Without an important employee, they cannot serve their clients or customers and there are serious scheduling issues. This puts the remaining team members under pressure, impacting office morale.
Today’s employers should expect this manner of job abandonment, however unpleasant it is. It is an inevitable part of today’s work environment, but there are policies that can help limit its occurrence and impact.
For a worker to have abandoned their job, they will need to be absent from work for a predetermined number of days without notice. This specific number is set by the employer. Job abandonment is considered voluntary resignation, regardless of whether the employee formally quit or not. Because the employee did not communicate with their employer, it is assumed they have no intention of returning to their position.
Let’s consider an example. Jodie is a sales employee at an office in California. One day, she does not show up for work, and her boss checks with HR to see if she called in sick. She did not. Her boss texts her, asking whether she is under the weather. But there is no response. Her boss assumes that Jodie is sleeping or at the doctor and unable to answer. The next day, however, there is still no response. Despite sending emails and leaving voice messages, Jodie’s boss has no idea where his employee is. After a week of silence, Jodie’s boss assumes she has abandoned her job, and he is forced to treat the matter as a resignation.
Another sign that an employee may have abandoned their job is if they take home their personal belongings without explanation. Another situation would be if an employee does not return to work for three consecutive days after taking unpaid/paid leave.
There are many reasons why an employee may abandon their job, including:
- Getting a job with another employer
- Fear of quitting the job in person because of embarrassment
- Dissatisfaction with the job because of poor company culture of a lack of recognition
- An unexpected family or personal emergency
- A careless or negligent employer attitude
In some cases, an employee may have legitimate reasons for not giving their employer notice. For instance, it is possible that an employee undergoes a medical emergency or loses their phone. These exceptions should be given careful consideration before they are treated as job abandonment.
How do you respond to abandonment of a job?
To minimize the fallout of job abandonment, California employers should put job abandonment policies in place. This will help reduce the negative impact on a company after an employee leaves without notice. A prepared employer should anticipate potential problems, such as scheduling issues, and take the proper steps to reduce the negative impact of job abandonment. The following are some strategies that employers can take:
1. Clearly define job abandonment
There should be a clear company policy that communicates how many no-show, no-contact days count as job abandonment. Under federal law, there is no clear definition of job abandonment. Therefore, it is up to the employer to explain the issue to employees. An employer should describe the consequences of job abandonment, including the loss of unemployment benefits. Because job abandonment is treated as a voluntary resignation, an employee who leaves without notice is not eligible for unemployment benefits.
2. Conduct an investigation and follow a termination procedure
After an employee abandons their job, their employer should investigate the matter thoroughly. He or she should determine whether the employee had no plan to return. After recording the findings of this investigation, an employer should proceed with a termination process in order to reduce liability to the extent that they can. To do so, an employer may follow these steps:
- Try to contact the worker via email and phone calls to explain their absence. Attempt to figure out if they mean to return to work.
- If unable to get in touch with the employee, make another two attempts after waiting 24 hours. Otherwise, try to speak with the employee’s emergency contact. After this, make as many contact attempts as possible until the number of days defining job abandonment has been reached.
- Make sure that one is documenting every communication attempt with the missing employee. In the event of legal action, an employer will need a paper trail to defend their actions.
- If all communication attempts fail, an employer should send a letter to the worker’s address listing the attempts to contact them, as well as the employee’s missed days of work. Provide a warning that if the employee does not respond within a week, their absence will be regarded as job abandonment.
- If the employee does not respond after this, then the employer should terminate their job through a job abandonment letter. This letter should include the reason for termination, the times and days absent, the company property to return, as well as a method of contact in the event the employee has questions about their termination.
- After sending an employee this job abandonment termination letter, an employer should review payroll to make sure the terminated worker gets all the money they are owed through their final paycheck.
Using scheduling management software, an employer should make sure that any abandoned shifts are covered by other employees. Remaining employees should be allowed to communicated openly with managers to negotiate the abandoned shifts. Employees should be permitted to swap shifts, and others should be trained to fill in at a moment’s notice for any instances of job abandonment.
It is wise to learn from previous instances of job abandonment and to plan schedules as far into the future as possible. There should be a network of employees who are on-call and can fill in at the drop of a hat. This way, an employer is never left facing a staffing crisis.
3. Comply with California employment laws
An employer should do what they can to make sure the job abandonment was indeed voluntary. If an employee is terminated when they had a legitimate reason to be absent, there can be potential legal action. Firing an employee because of medical reasons can be legally suspect.
Because of this, a company’s job abandonment policy should speak to short-term disability and the Family and Medical Leave Act. It should be made clear that if an employee does not show up to work three days in a row and does not file short-term disability paperwork or request family emergency leave, their absence will be treated as job abandonment.
California appellate court recently reaffirmed the sensitivity of terminating an employee when medical issues are raised. In Bareno v. San Diego Community College Dist., an employee let her employers know she could not come to work due to medical issues. The employer terminated the worker because they did not receive one email. They declared she was terminated on the grounds of ‘unexplained absence.’
The worker sued for wrongful termination, her argument being that she was fired for taking medical leave. The court decided that the employer should have requested more details from the employee rather than simply waiting a few days and then terminating her. Employers are now advised that if they think an employee may be absent due to a medical reason, they should not assume the worker has resigned.
Employers should also be aware that some email and spam filters can lead to skipped or unread messages from workers. In order to mitigate this risk, an employer should utilize a single communication channel that does not have spam filters.
4. Have a consistent job abandonment policy
It is crucial that a California employer has a job abandonment policy (and that it is preserved in writing). Every unexcused employee absence should be recorded, as well as every attempt to get in touch with the missing worker. The company’s employee handbook and HR portal should include a copy of the job abandonment policy so that workers are informed of the process. An employee should not be surprised when terminated.
How to prevent job abandonment?
To combat a challenge like job abandonment, an employer should institute policies that focus on inclusiveness and positive company culture. Motivated, happy employees are less likely to abandon their positions without notice.
The job abandonment policy should be included in the company’s employee handbook, and it might be discussed when an employee is onboarded. This way, every worker is aware of leave policies, as well as the consequences of abandoning a job. If an employee is aware of this policy, they are more likely to comply.
A company should also have a liberal leave and absence policy. It is common for people to abandon their jobs due to being frustrated or overworked. A generous leave policy allows employees time to rest and recuperate, which is essential for employee happiness.
Furthermore, flexible scheduling offers a more relaxed work environment, giving employee greater freedom. Employee should be allowed to swap shifts or pick up open shifts; this permits them to meet their financial, professional, and personal commitments. Employees should thus be given the appropriate communication and scheduling tools.
To prevent job abandonment, an employer should be honest and open with their employees. Communication is key. Employees should not only receive feedback about their performance, but they should also have the freedom to voice any concerns. This way, employees are kept engaged and feel respected. If there are any issues, an employer will be made aware, reducing the chance of job abandonment.
Staff are more likely to stay at a job if the work environment is positive and comfortable. A good work environment affects employee engagement, productivity, and job satisfaction. Employees who feel respected and supported are more likely to remain loyal and committed to the company. A recent trend that improves office morale is the use of standing desks.
These are often more comfortable for employees and reduce the health risks caused by sitting all day. By providing these options to workers, an employer demonstrates that they care about employee wellbeing.