How to Deal with Job Abandonment

In British Columbia, employment law is designed to protect both employers and employees, ensuring fair treatment and clear understanding of the obligations of both parties with respect to work-related issues. One issue that employers have to deal with which arises rarely, but does occur, is job abandonment.

It is crucial that employers ensure that their response to a potential job abandonment is handled carefully to ensure that they protect their interests and limit any liability exposure.

What is Job Abandonment?

Job abandonment is when an employee is absent from work for an extended period without communicating with their employer or providing a valid reason for their absence. In British Columbia, there is no specific statutory definition of job abandonment; instead, it is understood through case law and common practice. Generally, if an employee is absent for an extended period of time, without excuse, they may be considered to have abandoned their job.

Key Elements of Job Abandonment

To establish that an employee has abandoned their job, employers typically consider the following elements:

  • Length of Absence – A common threshold for job abandonment is three consecutive days of unexcused absence. However, this can vary based on company policy and the nature of the employee’s role and absence from work.
  • Lack of Communication – If an employee does not inform their employer about the reason for their absence or an anticipated date of return, this lack of communication can be a crucial factor in determining job abandonment. A one-day absence with a valid excuse does not usually constitute abandonment. However, a prolonged period of absence, with communications from an employer going unanswered and with no formal request for leave may very well constitute abandonment.
  • Employer’s Response – Employers must carefully document their attempts to contact the employee. This includes sending notices or emails to inquire about the employee’s status and even making notes of attempts to reach an employee by phone call or other means that are not as easy to track as emails or letters. If the employer makes reasonable efforts to reach out and receives no response, it strengthens the case for job abandonment.

Legal Implications of Job Abandonment

From a legal perspective, job abandonment can lead to termination of employment without notice. Pursuant to the Employment Standards Act, in British Columbia an employee who abandons their job may not be entitled to severance or notice of termination. However, employers must ensure that they follow a fair and consistent process when addressing suspected job abandonment.

To that end, employers should establish and implement clear attendance policies that outline expectations regarding absences and the procedure for notifying supervisors. These policies should be communicated effectively to all employees.

Employee Rights and Considerations

Employers and employees must also understand the employees’ rights concerning job abandonment. If an employee finds themselves unable to attend work due to valid reasons such as medical emergencies or personal crises, it is crucial to communicate these circumstances to their employer as soon as possible. Failure to do so may lead to unintended consequences, including the loss of their job.

Employees should also be aware that if they have been subjected to harassment, discrimination, or unsafe working conditions, their absence may be justifiable. In such cases, they may have legal recourse against the employer for wrongful termination or constructive dismissal.

Experienced Employment Lawyers

Job abandonment is a complex issue within British Columbia’s employment law framework and what might appear to be a straightforward case of job abandonment could be anything but. For employers, understanding the signs of job abandonment and implementing clear policies is vital for protecting their interests while ensuring fair treatment of employees. Employees, on the other hand, must communicate proactively with their employers to avoid misunderstandings that could lead to job loss. Either way, both employers and employees would be well advised to seek legal advice from an employment lawyer if they are faced with a situation where job abandonment is being or may be alleged to ensure that any steps taken are done with full knowledge of any potential legal implications.

If you are facing issues related to job abandonment, whether as an employer or an employee, our experienced employment lawyers can review the circumstances of your situation and provide guidance on how best to move forward. Contact Taylor & Blair LLP today to schedule a consultation.