Job abandonment applies when an employee demonstrates that he or she no longer intends to return to work. In this instance, the employer can treat that employee as if he or she resigned and avoid paying any severance, despite the fact the employee never said the words “I quit”.
Many companies mistakenly assert job abandonment when a different approach should be applied. The courts generally require an employer to take reasonable steps to demonstrate that they tried to reach the employee and were certain that he or she did not intend to return. Were you warned? Did your employer try to reach you? Did you try to reach your employer? How long were you employed and what type of job did you perform? All of these factors are relevant.
Jumping to conclusions can often be a costly mistake, as a botched allegation of job abandonment is actually a termination in disguise. In these cases, courts will award severance pay to the employee as if he or she was dismissed without cause.
If you were accused of job abandonment, call a lawyer with expertise in these types of cases: Whitten & Lublin Employment & Labour Lawyers.