Handling job abandonment: Clear rules, legal steps, and HR strategies

Why a no-show can turn into a big HR problem

When someone suddenly stops showing up at work, things can quickly get out of control, especially if you don’t have a clear job abandonment policy in the employee handbook. A no-show can have a less than ideal impact across your organization.

• Reduces productivity: Unplanned absences disrupt workflows and delay projects, potentially leading to missed deadlines
• Lowers morale: When a critical team member suddenly stops showing up at work, their absence can throw off the team’s rhythm and enthusiasm
• Creates legal risks: Without a clear policy, it’s easy to mishandle a no-show, which could lead to expensive lawsuits

With essential HR metrics, such as the absenteeism rate, you can measure the impact of no-shows on your team and establish ways to improve performance management.

Is it really abandonment? Know the legal line

There are no labor laws in the US that define job abandonment or set a standard number of no-show days. This creates risks for employers, especially in states like California where employment regulations typically favor employees. It’s up to employers to clearly define job abandonment in their company policies, outline the procedures for handling it, and make sure employees understand what to expect in such a situation.

Job abandonment isn’t illegal — it’s just a form of quitting without notice. Unlike a typical resignation, where an employee gives you a two-week heads-up, job abandonment involves leaving without the worker saying anything. Because it’s viewed as a voluntary resignation, a former employee usually won’t be able to collect unemployment. Let’s take a look at a scenario that may have you viewing this a little differently.

Job abandonment: California case

The case of Leticia Bareno v. San Diego Community College District shows that job abandonment isn’t always as straightforward as it seems.

In 2013, Bareno, a college administrative assistant, submitted a doctor’s note approving medical leave from February 25 to March 1. As that leave ended, she tried to email her supervisor a second note extending it through March 8. The school claimed it never received that second certification.

Bareno didn’t return to work between March 1 and March 8, missing five consecutive work days. The college treated it as job abandonment and removed her from the schedule, later telling her she had effectively resigned. After the termination, Bareno followed up with additional medical documentation, but the school refused to reinstate her.

The California Court of Appeals sided with Bareno. Before assuming she had quit, the court stated that even if the college claims not to have received the second email, the employer still had a legal duty under the California Family Rights Act (CFRA) to follow up.

The court also clarified that the CFRA gives employees at least 15 days to provide medical certification. If an employee takes CFRA leave because of an emergency, a lack of advance notice isn’t a valid reason to deny it, provided that the employee notifies the employer as soon as they reasonably can.

Your action plan: What to do when an employee vanishes

What steps should you take when an employee stops showing up at work without notice?

Step 1: Check your job abandonment policy

How many days in a row can someone miss work before it counts as job abandonment? For example, some employers have a policy that tolerates up to three consecutive workdays. Beyond that point, unauthorized absence becomes job abandonment, which employers often consider a form of voluntary resignation (quitting) rather than an automatic termination. If an employee’s unexcused absence goes past the limit in your policy, you can move to the next step.

Step 2: Reach out to the employee

Next, put on your detective cap. Investigate why the person hasn’t shown up to work via a phone call or email. Document each communication attempt so you have a record of the outreach should the situation escalate into a legal dispute.

Step 3: Send a formal notice

If you don’t hear back from the employee after the initial attempt, “snail mail” is another way to reach out. Send a formal letter to their home address, request an explanation for their absence, and provide them with a clear deadline to respond.

Step 4: Confirm the job abandonment in writing

If the employee doesn’t respond to your notice within the deadline, you can send them another letter officially confirming that they have abandoned their job.

If they do respond to your notice but don’t provide a valid reason for the absence, follow your policy’s disciplinary steps. These may range from a warning to termination.

Write it down: What your job abandonment policy should include

Your job abandonment policy should contain these key elements:

Job abandonment definition

What is job abandonment in your company? Here’s an example: ”Job abandonment occurs when an employee misses [X] consecutive workdays without notifying a supervisor or providing a valid reason.” The typical timeframe is usually three days, but you can set your own threshold. As we mentioned earlier, add this to your company’s handbook.

Communication expectations

How and when should employees notify their manager or supervisor about absences?

Follow-up steps

How will you attempt to contact the employee before taking disciplinary action for job abandonment? Include the number and methods you’ll use (such as phone calls, emails, and formal letters).

Consequences

Clearly state what happens if the employee doesn’t respond during a follow-up for job abandonment.

How SMBs should handle no-shows

In a small auto repair shop, one of the mechanics suddenly stops showing up to work without providing a notice. After three missed days — the official timeframe of abandonment in the company’s policy — the employer reaches out but gets no response.

Instead of guessing that the mechanic has quit his job, the company further follows up with the employee by:

• Sending a formal letter
• Giving a deadline to respond to the letter
• Documenting everything throughout the follow-up
• Treating the situation as a voluntary resignation when there is ultimately no reply

If abandonment is rampant in your business, lack of job satisfaction might be the reason. Running effective performance reviews and trying to improve employee performance with the acquired insights can help individuals grow in their roles. This can improve employee satisfaction.

Don’t make these mistakes when dealing with job abandonment

Let’s cover some common pitfalls to avoid when handling job abandonment:

Skipping outreach

Don’t automatically assume that an absence without notice  equals job abandonment. You should always reach out to the employee to determine the issue. It could be a justifiable emergency where they are in a position where reaching out isn’t possible.

Ignoring your job abandonment policy

To avoid inconsistencies that could cause legal issues, follow the procedure of handling job abandonment exactly as it appears in your policy.

Failing to keep necessary records

When handling job abandonment, always document your communication attempts. The records will serve as evidence in case of a legal dispute.

Forgetting about protected absence

Check laws such as the CFRA and the Family and Medical Leave Act (FMLA). In some cases, they protect employee leave even if the worker didn’t notify you in advance.