Job abandonment is when an employee fails to report to work for consecutive days without notice, and cannot be reached.
Most company policies state that a job has been abandoned after 3 consecutive days, but it can vary. A job abandonment is a voluntary termination.
Job Abandonment Letter Template.
Dear [employee name]:
Our records show that you have not reported to work at [company name] since [date when absences began] and have not contacted a direct supervisor or manager at [company name] regarding these absences.
According to company policy, absence without notification for more than [number of days] consecutive days is considered job abandonment. This letter is to inform you that your employment with [company name] has been terminated effective [date] for job abandonment. This is considered a voluntary resignation.
Please return any company property you may have immediately.
If you are eligible for benefits, a separate notification letter informing you of your rights will be sent to within 30 days.
Should you have any questions, please contact [contact name].
Creating a Job Abandonment Policy:
A job abandonment policy should establish how many days of absence without notification constitutes abandonment, and what the procedures are for managers or supervisors to attempt contact. Once this policy is created, it should become part of your employee handbook.
How to Prevent Job Abandonment:
1. Conduct employee engagement surveys.
Employees may leave abruptly if they feel underappreciated in their role. Focus on employee engagement so that you know how your employees feel about working for you.
2. Offer medical leave-of-absence.
Sometimes emergencies come up and people have no choice but to abandon their job. With a medical leave-of-absence policy, you can allow your employees to take some paid or unpaid time off if they need to.
3. Offer enough vacation time.
If someone feels like they are overworked and never have the opportunity to take a break, they may be tempted to abandon their job in favor of another opportunity. You can prevent this by offering a reasonable amount of annual vacation time.
4. Pay competitive wages.
An underpaid employee may be quick to leave if a better job opportunity comes along. However, if you pay competitive wages, you will give employees another reason to stay.
What is considered abandonment of employment?
Job abandonment is when an employee fails to show up for work after three consecutive days and has not informed a supervisor of their absence. A job abandonment policy - set out in the company's employee handbook - outlines the steps to take if an employee abandons their job.
Is there a specific law regarding job abandonment?
Federal laws such as the Family Medical Leave Act (FMLA) don’t address what constitutes job abandonment. Some states have case law that gives general guidelines. For the most part, companies need to develop their own policy regarding abandonment, in order to be sure it is applied legally and fairly.
Can an employee who abandons collect unemployment?
If the employee abandons the job and you consider it a voluntary termination, or voluntary quit, then typically the employee cannot collect unemployment.
Can an at-will employee quit without notice?
At-will employees are allowed to quit any time, for any reason, with or without notice, unless they are bound by an employment contract that states otherwise. For example, if a contract states that the employee should give two weeks' notice, they are obligated to do so.
Read more about at-will employment.
What do you do when an employee walks out?
- Document the employee's job abandonment to avoid a potential legal wrangle where he/she tries to claim unemployment benefits in the future.
- Contact the employee and ask for a letter of resignation.
- Make sure that your employee's personnel file is up to date and includes all documentation, such as performance reviews, hours logged, written warnings, etc., including a record of your attempts to contact the employee.
- Notify your accountant that the employee left voluntarily to ensure that your unemployment insurance tax rate is not affected.