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Job Abandonment Law

What is job abandonment?

Job abandonment is typically when an employee does not show up for work for a number of days without calling their employer or giving any type of notification. This can be considered for termination based on employer’s policy. There are many different job abandonment laws in each state; Experts can provide fast and affordable answers regarding employment laws. Read below where the Experts have provided legal answers to many complex questions referring to employment law and job abandonment.

In the state of Florida can an employee be terminated for job abandonment?

In the state of Florida employees are considered “at will” with that being said employees can be terminated for any reason at any time. No matter how unfair or unreasonable the termination may be, it is not considered illegal. The only way an employee can challenge the termination is to show that the termination was based on discrimination, either it being against gender, race, age, disability, etc.

In the state of Washington what is the job abandonment law? What is the time frame for considering job abandonment?

In Washington the law on job abandonment consists of an employee shows by either word or action of no intent of returning to work, resignation or long absence without calling or intent of returning. There is no specific time limit, but an extended absence would be considered abandonment. Also, if the employer tries to reach the employee, and the employee fails to respond back, the employer can view this as job abandonment.

What constitutes job abandonment?

First off there is no law on employment abandonment. If the employee has failed to show up for work, or hasn’t called in, without providing a valid excuse, the employer has the right to terminate the employee for job abandonment.

Can an employee be terminated for job abandonment without notice?

If the employee does not have an employment contract, then this means that the employee is considered “at will”. Being at “at will” employee means that an employer has all legal right to terminate the employee for any reason as long as it does not consider someone’s age, race, gender, disability, religion, or national origin.

If someone is terminated for job abandonment are they eligible for unemployment?

The laws providing eligibility for unemployment benefits are granted to those through no fault due to their loss of employment. “Job Abandonment” is not considered, if a person abandons their job, it is just like saying they have quit. The former employer cannot make this decision on whether they have quit their job; the Department of Labor can do this. Many times an employee becomes sick, and either calls in for one day but then doesn’t call in for the other sick days that is considered a “no call, no show” and many times that is looked at as job abandonment. In most cases an employer will terminate the employee believing they have abandoned their job with no intent of returning. Other times the employer will give the employee another chance to recover their job. Consult an Expert to help provide insight and many laws on employment law and job abandonment.
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Recent Abandonment Questions

  • After working in a deteriorating office situation for well

    After working in a deteriorating office situation for well over a year, I contacted my employer to advise him that I would continue performing my primary job functions from my home. Other executives holding the same position I hold (but in other divisions) are permitted to work remotely, so I didn't foresee a problem with this development. I have been in contact with my employer daily and have continued to perform my primary job functions. My secondary job functions involved overseeing two other departments for which I received no compensation (requested and declined) and no support from executive management. I advised my employer that I was no longer willing to supervise the other two departments during the same conversation I advised him that I would be working from my home (which I have now done for two weeks). I have taken calls, responded to emails, written orders, and generated revenue...in short, I have continued to do my job. This morning I received an email from my employer stating that if I did not return to the office within 48 hours I would be considered to have abandoned my job and they would go forward with an employment separation and terminate my position (text of email is below). I have continued to do my job ethically and thoroughly and have the documentation to prove it. Given these circumstances, can I be considered to have abandoned my job in the state of California? If my out-of-state peers are permitted to work remotely, can my employer claim that I have abandoned my job simply because I wish to pursue a similar work environment structure? Do I have an actionable case for wrongful termination if they either fire me or incorrectly maintain that I have abandoned my job? Any advice/insight/guidance would be appreciated. Thank you.


    TEXT OF EMAIL MESSAGE


    Joe, It has been brought to the attention of The HR Department that you have been out of the office for more than 72 hours. In order to continue your employment at XXXXXXXXXXX, it is required that you report to work at our offices from Monday - Friday from 7am — 4pm. If this schedule is not adhered to, it is considered job abandonment and after 48 hours from today your position and employment will be terminated. Please advise us promptly of your intentions to return to work at XXXXXXXXXXXXXXXXXX Office. Human Resources Department XXXXXXXXXXXXX | XXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXXX PH (***) ***-**** Ext. 223 |Fax (***) ***-**** *****@******.*** | XXXXXXXXXXXXXXXX

  • This question probably is in the area between employment and

    This question probably is in the area between employment and medical-legal. I am a psychiatrist; I worked 1/ time as a consultant to a transplant program until last Friday. On Thursday last week, I was in a meeting and bullied and verbally abused by another physician in a leadership position in front of my peers. It was quite awful. I have PTSD with history of severe abuse as a child; this episode triggered trauma pretty badly. I returned to my office after the meeting and sent an email notifying the people I work for at that program (who were in the meeting) that the following day would be my last day with them. I received an email later that morning asking me to meet with 2 managers in the practice to go over my patients so they could assure proper follow up for them. I of course agreed to do so. A meeting was scheduled for the next day; I prepared a list of the patients and identified the ones with the most pressing needs. The meeting had been scheduled for an hour; they left after 30 minutes; they did not indicate that they had other questions or concerns. Today I was informed that I need to arrange for follow up for these patients or risk being considered to be abandoning them. There are many additional layers to this issue. One is that this is in a highly specialized setting where every patient has multiple providers - physicians, PA, RN, social worker, etc so that they are not being left without care. I was the only psychiatrist, but the other prescribers in the practice frequently would start psychiatric medications for patients. The list I gave them described recommended next steps. When I was on vacation there was never anyone to cover for me and this was never an issue.

    I could keep writing but my questions relate to when a physician needs to leave an unsafe (in this case emotionally) work environment, how do you balance the needs of the injured (in this case emotionally) employee for recovery and the needs of the patients for care (and I can assure you no patients were in need of immediate care and those who were most urgently in need of follow up were given the number to my other office where I would provide care).

    I have provided a detailed plan of how the patients can be managed within this clinical setting. I am very concerned that this is an attempt at intimidation more than a real concern about abandonment - and I wonder if I need an attorney even while I attempt to be sure that the patients are indeed properly referred.
  • In Kentucky, my husband got fired for job abandonment because

    In Kentucky, my husband got fired for job abandonment because he did not call, but he was in the hospital, in CCU and could not use a Cell Phone and they wouldn't except a Collect Call, is this Legal?
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